Legal Question in Personal Injury in Indiana
Limits of libality
I own a truck that my son, who lives with me, age 19, drives for pleasure and to work. My name only is on the title and he carries his own insurance policy to drive the truck.I carry no insurance on the truck and do not drive it. If he is involved in an accident that requires more compensation than his insurance provides, as owner of the truck can I be sued?
2 Answers from Attorneys
Re: Limits of libality
Yes
Re: Limits of libality
You have placed yourself in peril. As owner of the car, your insurance is by law the primary insurance; drivers you permit to drive the car are secondary. Can you imagine what would happen if your son lets his girlfriend drive the truck, and she severely injures someone in an accident? http://www.in.gov/legislative/ic/code/title9/ar25/ch4.html
That's the citation to the Indiana Code section which requires you as owner to be financially responsible for up to $25,000 per person for two people injured. Creative plaintiffs' lawyers might be able to prove that you were on the hook for everything. So, either get the truck out of your name or get your own insurance. Good luck.
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