my brother can not legally drive anymore but insists on driving. he won’t give us the keys what can we do?
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my brother can not legally drive anymore but insists on driving. he won’t give us the keys what can we do?
brother a drug addict and belligerent. has been in and out of drug rehabs.
we have tried for years to have him give up driving including sabotaging his
car from being able to start. What else can we do? what if he got into an
accident and hurt someone. can rest of family be sued because we knew
about it?
Asked on July 9, 2016 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Assuming he is not a minor and not legally incompent, you could only be sued for his accidents IF you in some way affirmatively enabled him to drive: e.g. he's using a car owned by some other family member. Otherwise, one competent adult is not responsible for the wrongful acts of another competent adult, even a family member, except when the first was involved in or facilitated the second one's actions. So do not let him use anyone else's car; if he lives with you, keep all car keys to cars not owned by him on your own persons and *never* let him access them; if he takes someone's car without permission, call the police and report that he stole the car (that's the only way to make sure that it's clear he does not have permission); do not pay for *anything* associated with him driving (e.g. his gas, his insurance, his car payment, etc.)--you must be sure to not do anything which helps him drive. And don't own anything jointly with him, since your interest in that asset could be impaired if he is sued.
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