The Help Desk

Your tough questions. MONEY's smart answers.
Presented by

Am I liable if my sons cause an accident?

May 31, 2012: 5:05 AM ET

I have two sons, one living at home. Both of their cars are still in my name. Could I be liable for an accident? Should I transfer ownership to them? –G.V., Minneapolis

In short: Yes and yes. "In almost all states, the title owner of an automobile can be liable for injuries that are caused by a driver," says Steve Gursten, a Michigan attorney who's president of the Motor Vehicle Trial Lawyers Association. In other words, if one of your sons causes a serious accident, you could be added as a defendant in a suit. And because you likely have more assets than your sons, you have more to lose.

If you don't transfer ownership to your sons, at the very least, you should protect yourself. "You should have great insurance and possibly an umbrella policy," says Julie Phillips, an attorney at Worley Law in Columbus, Ohio. "If you don't have sufficient insurance, you can lose your personal assets if a judgment is won against you." In other words, you probably want to carry more than the state-mandated minimums on your auto insurance. And you can typically get an umbrella policy from the insurer of your home or autos. A $1 million umbrella policy might cost $200 to $300.

Or you could transfer ownership to your sons, which may only require a trip to your local DMV and a few modest fees. It will also probably result in a bump in insurance premiums, since your sons will be the insured drivers. "It's a cost-benefit analysis," Phillips says. "Insurance rates are going to go up, but if the child does cause an accident, the parents aren't directly liable."

— Kate Ashford

Join the Conversation
Help Desk

Got a question about your money? We want to hear it! Each week we're answering your questions on CNN, Headline News and CNNMoney.com.

Your email or phone number won't be published; we'll use it to get in touch if we need more information about your question.
Help Desk Video
Best Tips
Some of the nation's leading business owners, investors, and thinkers share their thoughts on rebuilding your wealth. More
These strategies can help you manage the challenges -- both emotional and financial -- of helping an aging parent from afar. More
You don't need to be fanatical to get to 780. Those in the know say these moves matter most. More
Featured Newsletters

Tips for saving and spending smarter.

Search This Column
View all entries from this: Week, Month
Help Desk
More help for your career, your investments and your budget.
Powered by WordPress.com VIP.