Absolutely, a co-owner can be held liable for the damages caused by another co-owner or a permissive driver of the vehicle who is not an owner.
A co-signer is a person who agrees to take legal responsibility for someone else's debt. If the primary borrower fails to meet their financial obligations on a loan or lease, the co-signer is held accountable for any missed payments.
For example, if you're unable to make your car payments, your co-signer is responsible for repaying the loan, even if they've never driven your vehicle. In addition, if you pay late or default on the loan, both your credit and your co-signer's credit could be negatively affected.
- Typically, the car owner's insurance will cover the damages if the borrower has permission to use the vehicle. This means your policy may pay for the damages to your car and any liability for damages caused to other vehicles or property. - If the borrower has their own insurance policy, that may also come into play.
Usually, a car insurance policy covers the vehicle itself, not the person driving it, and that means the liability coverage (which is required by California law) should cover the friend. California is an at-fault state, which means the driver responsible for an accident is the one whose insurance will be the primary ...
If you're not on the owner's policy, applicable coverage will again depend on consent. Assuming the driver gave you consent to operate the vehicle or, at the very least, there is reasonable belief that you had permission to drive it, then you're probably covered.
Co-signing means you are responsible for covering payments if the main borrower cannot, but you do not have any legal rights to the car. Co-owning means both parties have equal ownership and financial responsibility for the car.
When you co-sign a loan, you promise to pay off the loan in the event the primary borrower is unable to pay off the loan. A co-signer becomes necessary when the person applying for the loan doesn't have sufficient credit history, reliability or income to get the loan on his own.
Usually, when you cosign a car loan, you agree to be responsible for the debt if the primary debtor doesn't make payments or otherwise defaults on the loan. If the primary debtor defaults on the loan, then the creditor has the right to repossess the car and sell it.
Request release from a co-signed loan
Co-signers can make a written request to the lender to be released from a loan. In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan.
The responsibility can last as long as the loan term
If the loan has been disbursed, cosigners are equally responsible for payment.
Generally, a co-signer on a car loan doesn't need to be added to a car insurance policy, unless they will be driving the vehicle regularly (like a parent that might be a co-signer on their child's car loan) or on the vehicle title.
Most of the time no, the person is not going to be responsible, but there are times specifically if they're your employer, if you're running an errand at their specific request behest or if you are a family member living with them, then they might be responsible.
As mentioned, cosigning an auto loan does not make you liable for what the primary borrower does with the car. You will not be held responsible for any accidents resulting from the driver's negligent acts. However, you are liable for the loan payments, which could pose a problem if the driver is sued.
Although liable for payments if you default, the cosigner doesn't share vehicle ownership and won't be on the car title. They also generally don't make the regular monthly payments. Co-borrower: A co-borrower shares financial responsibility and ownership of the car from day one.
“ When you cosign for someone else, you're lending them your name and good credit history. You're also making a legal commitment that you will be responsible for meeting the terms of the account if the primary borrower dies, loses a job or otherwise fails to make payments.”
When you cosign a loan, you agree to be responsible for someone else's debt. If the main borrower misses payments, you must make the payments. If the main borrower misses payments or stops making payments (also called defaulting), you must repay the loan.
Can a cosigner repossess a car? It's important to know that taking possession of the car if the primary borrower defaults, or “taking matters into your own hands,” is not a legitimate substitute for legal action.
If no one is making payments (either you or cosigner) the car will be taken. It is your car that will be taken because you bought it, you have the keys, you use it. The cosigner is not losing his car, he just agreed to pay for your car if you did not.
Can I sue the person I co-signed for if they don't pay? Yes, you can sue the person you co-signed for if they don't make the payments they promised to make. You may be able to get a judgment against them in court, but it could be hard to collect that money since they didn't pay the debt in the first place.
Vehicle Owners Are Liable Under California Law
This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner. Liability is determined by identifying the actual owner of the vehicle.
If your friend or any family members get into an accident while behind the wheel of your vehicle, liability will also take into account whether or not they had driver's permission. California's laws on insurance coverage mean that the car insurance will follow the vehicle, no matter who is driving it.
Allowing another licensed driver to borrow your vehicle is known as "permissive use," which means you give someone, who isn't listed on your car insurance policy, permission to operate your vehicle. If they're involved in an accident, your auto insurance may pay for the damages and injuries, up to your coverage limits.