Liability for another driver?

[CompanyXPaladin]

I have yet another random question for someone who knows more than me. Hopefully someone on here can help... My brother wants to daily drive my Yaris. I'm concerned about what might happen if he gets in an accident - his driving record makes this a real possibility. I understand that as the registered owner of the vehicle, I am liable for whatever damage is done by my vehicle.

Is there any way I can protect myself from being sued (or liable for any damages) if my brother crashes into someone in my Yaris? Should I have an insurance policy on the Yaris as well as having my brother have an insurance policy on it?

[kou]

tell him to get a moped.

[CompanyXPaladin]

Rofl. Nice. I would, but his commute his 50+ miles each way. And the moped would cry.

[ddongbap]

Just get him added to your insurance.

[elmo]

easy tell him to buy his OWN car, your making a big mistake letting him use it

[Return of the Yarii]

Is there any way I can protect myself from being sued (or liable for any damages) if my brother crashes into someone in my Yaris? Should I have an insurance policy on the Yaris as well as having my brother have an insurance policy on it?

I can only speak to how it is in IL, in our state insurance follows the vehicle (i.e. as long as I didnt steal your car I can drive it, have an accident and the company that insures your vehicle is liable even if I have insurance on my own vehicle). Again, its the vehicle thats insured not the person driving it.

You really cant protect yourself from being sued, generally if an accident occurs your insurance company as well as yourself personally are named defendants. Insurance is your protection if sued and the liability of the insurance company depends on your policy limits. Personally you can take out a "umbrella policy" with most insurers (I have a million dollar umbrella policy) which will be "secondary" if God forbid someone sues you (your insurance company), wins a judgment for OVER your policy limits (either auto or home) then the umbrella would cover remaining damages above and beyond that (up to a million in my case).

Insurance can be very confusing, best to talk to your agent.

[CompanyXPaladin]

Originally Posted by Return of the Yarii

Insurance can be very confusing, best to talk to your agent.

That sounds like good advice... I will be sure to do that.

Originally Posted by ddongbap

Just get him added to your insurance.

This is probably what I will end up doing.. I'll just make him pay for it.

Originally Posted by elmo

easy tell him to buy his OWN car, your making a big mistake letting him use it

I know its a mistake. I normally never let anyone drive my car - I'm the sort of person who will self park because I'm afraid of what valets will do to it. I don't even let mechanics drive my car alone. However, the Yaris is the best suited car for the task, and he'll be making my car payments as long as he's using my car. Which may turn out to be indefinitely.

Thanks for the advice, guys!

I <3 Yarisworld.

[YAR1S]

Originally Posted by CompanyXPaladin

That sounds like good advice... I will be sure to do that.



This is probably what I will end up doing.. I'll just make him pay for it.



I know its a mistake. I normally never let anyone drive my car - I'm the sort of person who will self park because I'm afraid of what valets will do to it. I don't even let mechanics drive my car alone. However, the Yaris is the best suited car for the task, and he'll be making my car payments as long as he's using my car. Which may turn out to be indefinitely.

Thanks for the advice, guys!

I <3 Yarisworld.

If he's going to be making car payments indefinately..... why no get his own car and not get into that problem.

[firemachine69]

Read your individual policy, it varies per company. For example, anyone in my family can drive my vehicle without being under-written on the policy, EXCEPT for those under 25 (currently: my brother fits in this category) if he lives in the household.

[CompanyXPaladin]

Originally Posted by firemachine69

Read your individual policy, it varies per company. For example, anyone in my family can drive my vehicle without being under-written on the policy, EXCEPT for those under 25 (currently: my brother fits in this category) if he lives in the household.

Makes sense, but what I'm concerned about is what happens if he causes an accident? What if he accidentally rams someone, kills them, and their family wants to sue the vehicle owner? Granted, I'll have other things to worry about if that's the case, but I don't want to be liable for any of it. It'd be super-awesome if I could be not liable for anything at all regarding the vehicle - from parking tickets to late payments, but I don't know how I would be able to transfer the loan without him applying for a new loan. If that makes sense.

[firemachine69]

Originally Posted by CompanyXPaladin

Makes sense, but what I'm concerned about is what happens if he causes an accident? What if he accidentally rams someone, kills them, and their family wants to sue the vehicle owner? Granted, I'll have other things to worry about if that's the case, but I don't want to be liable for any of it. It'd be super-awesome if I could be not liable for anything at all regarding the vehicle - from parking tickets to late payments, but I don't know how I would be able to transfer the loan without him applying for a new loan. If that makes sense.

They'll sue your insurance provider.

[Shroomster]

pm>>>> dvlnblkdrs...she works in insurance.....

[MadMax]

As RofY stated, you need to be asking these questions to your insurance agent; not this forum. Policies and state laws differ all over the place, and only your insurance agent can properly advise you and make the necessary changes to your policy.

But, if his driving record is as bad as you allude to, expect a spike in your premiums. Even if he pays, it may not be a good idea as you may have to adjust your deductibles to try and reduce the cost. But if there is an accident, that would mean more money out of someone's pocket before the insurance pays. You may want to ask if he can take out his own policy on your car if he is going to drive it on a regular basis, I don't see what that wouldn't be possible and if he does have an accident that keeps you completely out of it.

Best of luck with this. You are a very good sibling to help your brother out like this, I hope he reciprocates by being driving your Yaris more safely than he has in the past.

Cheers! M2

[CompanyXPaladin]

UPDATE: I asked my insurance company about covering my brother driving my car, and they told me he would need to be added to my policy. When I gave them his information (DL#, accident and ticket history) the agent literally laughed at me. Not that I blame her, I thought it was fairly amusing, also.

So I told my brother the only way it would work is if the car was in his name, since I simply did not want to be liable.. for anything. He told me I should stick it somewhere inappropriate for family-oriented forums. Its for the better. I would have missed the Yaris, and I shudder to think what he would have done to my poor car.

Thanks again for all your advice, guys!

[elmo]

Originally Posted by CompanyXPaladin

UPDATE: I asked my insurance company about covering my brother driving my car, and they told me he would need to be added to my policy. When I gave them his information (DL#, accident and ticket history) the agent literally laughed at me. Not that I blame her, I thought it was fairly amusing, also.

So I told my brother the only way it would work is if the car was in his name, since I simply did not want to be liable.. for anything. He told me I should stick it somewhere inappropriate for family-oriented forums. Its for the better. I would have missed the Yaris, and I shudder to think what he would have done to my poor car.

Thanks again for all your advice, guys!

sounds like your bro is a dick, and a spolied brat !

[CompanyXPaladin]

Originally Posted by elmo

sounds like your bro is a dick, and a spolied brat !

I get that impression sometimes as well.

[Altitude]

Auto insurance is for the individual - not the automobile. A car is not liable for anything, but the person driving it is.

C'mon - do you think I could be sued if someone stole my car and had an accident in it????

[PreciousPups4U]

Originally Posted by Altitude

Auto insurance is for the individual - not the automobile. A car is not liable for anything, but the person driving it is.

C'mon - do you think I could be sued if someone stole my car and had an accident in it????

Auto insurance is for the car and the insured drivers (your agent asks who in your household has their license and their DL #'s) in your household and people who drive your car with your permission. I went through this when my daughter's boyfriend drove one of my vehicles for a couple of months when his went Kaput and he was looking for another one.

Insurance agent said he would be covered as long as he had permission to drive the car. I would indeed be libel for any damages he did while in my car.

Now if your car was stolen, you would not be libel as they did not have your permission to drive the car.

It is not the same thing. At least that's the way it is in SC and I have State Farm which is nationwide.