Legal Question in Personal Injury in Alabama

I am needed to be co-signer of car loan. Am I liable if driver is involved in an accident?

Asked on 7/02/16, 4:54 pm

1 Answer from Attorneys

Randal Ford Ford Firm

Depends. Need more facts to determine.

However, you will be responsible for the debt. So assume you consigned and are NOT on the title as an owner. If the owner wrecks the car you are responsible for the deficiency balance, or the amount the insurance company does not pay. Assume there is no insurance- you owe the entire amount of the car. Assume the owner quits paying the car loan- you owe all the amount and cannot take the car because you are not on the title. Assume the owner is making all the payments on time and now you want to buy your own car - because you owe all the money for the car you consigned for you may not have enough credit to get your own.

If the other person had the financial responsibility and credit history to buy a car - they would not need you. There is a clue there. If it is your spouse or child then that is one thing. A distant relative, friend, or someone you are dating - DON'T DO IT.

If you decide to throw caution to the wind and do it anyway- make sure you are listed on the title as an owner, you make sure the insurance is being paid and probably wouldn't be a bad idea to buy GAP insurance (especially if it is a new car). GAP insurance will cover the difference between what you would owe if the car is wrecked and what the car is actually worth. You owe $10,000. Insurance pays $6,000. GAP covers the other $4,000.

Also buy comprehensive insurance so your car will be fixed now matter who is at fault.

Good luck.

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Answered on 7/03/16, 4:35 am

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