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Started By
Message
Spinoff lawyer question
Posted on 1/25/17 at 2:48 pm
Posted on 1/25/17 at 2:48 pm
Driver A. sells car to Driver B., but inadvertently fails to cancel the insurance and keeps getting debited for premiums. Driver B. registers car in his name, fails to keep coverage on the car and has an accident. Driver A. then gets a notice of a claim filed on his insurance for the car Driver B. owns.
1. Is Driver A. liable in any way, shape, or form?
2. Could this have an effect on Driver A's insurance rate?
Not asking for homework help, this actually happened to someone I know.
1. Is Driver A. liable in any way, shape, or form?
2. Could this have an effect on Driver A's insurance rate?
Not asking for homework help, this actually happened to someone I know.
3
Posted on 1/25/17 at 2:53 pm to Jim Rockford
quote:
1. Is Driver A. liable in any way, shape, or form
Is Driver A still listed on title or registration in ANY way? If Driver A is completely removed from everything as an owner of the vehicle, then Driver A shouldn't be liable for anything. But if they somehow didn't properly complete the title transfer and Driver A is still listed as an owner, he can be held responsible.
quote:
2. Could this have an effect on Driver A's insurance rate?
Shouldn't because the accident is on Driver B's driving history, not Driver A.
ETA: I'm an insurance agent, not lawyer
ETA2: If proper title transfer was done, Driver A should immediately contact his insurance company and tell them he sold the vehicle on such-and-such date prior to this accident and send them documentation he got from title transfer to show the vehicle is no longer in his name
This post was edited on 1/25/17 at 2:56 pm
Posted on 1/25/17 at 2:55 pm to Jim Rockford
Driver A is no doubt a female
Posted on 1/25/17 at 2:56 pm to Jim Rockford
Non-permissive driver. so no.
Posted on 1/25/17 at 2:57 pm to Tiger Prawn
quote:I concur
Tiger Prawn
Posted on 1/25/17 at 3:00 pm to Tiger Prawn
quote:
Is Driver A still listed on title or registration in ANY way? If Driver A is completely removed from everything as an owner of the vehicle, then Driver A shouldn't be liable for anything. But if they somehow didn't properly complete the title transfer and Driver A is still listed as an owner, he can be held responsible.
Driver A. took the plates when he sold the car (which was three years ago) and has the bill of sale. Driver B. registered the car, but somehow Driver A's name is still associated with the car. Beyond that I don't know. Kind of weird not to cancel the insurance but the premium was minimal and bundled into the total they were paying on several vehicles, so I guess they just forgot.
Posted on 1/25/17 at 3:03 pm to SuperSaint
quote:
Driver A is no doubt a female
Well, yeah
Posted on 1/25/17 at 3:26 pm to Jim Rockford
quote:
Driver A. took the plates when he sold the car (which was three years ago) and has the bill of sale
quote:
Driver A's name is still associated with the car.
Because they didn't go to an auto title transfer place that could've taken care of getting it cleared out of his name.
Tell him to contact his insurance company ASAP and send them a copy of that bill of sale.
Posted on 1/25/17 at 3:27 pm to Tiger Prawn
How is it possible for a car to be registered to two different people? Shouldn't the system have picked that up?
Posted on 1/25/17 at 3:33 pm to Jim Rockford
quote:
How is it possible for a car to be registered to two different people? Shouldn't the system have picked that up?
This is the government we're talking about. If Driver A didn't bring the plate into DMV and cancel it there, its possible that DMV may have issued a 2nd registration with different license plate number. Or its registered to Driver B but the title is still in Driver A's name
Posted on 1/25/17 at 3:34 pm to Jim Rockford
quote:
Driver A. took the plates when he sold the car (which was three years ago) and has the bill of sale. Driver B. registered the car, but somehow Driver A's name is still associated with the car. Beyond that I don't know. Kind of weird not to cancel the insurance but the premium was minimal and bundled into the total they were paying on several vehicles, so I guess they just forgot.
Let me help you here. Driver A is fricking lying to you. Something wasn't done and they probably did it so A could help B. I almost would get they are related.
Posted on 1/25/17 at 3:37 pm to Tiger Prawn
quote:
This is the government we're talking about. If Driver A didn't bring the plate into DMV and cancel it there, its possible that DMV may have issued a 2nd registration with different license plate number. Or its registered to Driver B but the title is still in Driver A's name
What would the implications of that be?
Posted on 1/25/17 at 3:41 pm to Jim Rockford
quote:
What would the implications of that be?
That somehow the state still lists Driver A as having some interest in the vehicle because the title transfer wasn't properly completed. I would think he should be able to get out of liability for the wreck by showing the bill of sale (not 100% on that though, so better have an OT lawyer chime in), just going to be a headache.
Posted on 1/25/17 at 4:11 pm to Tiger Prawn
She faxed the insurance company copies of the old title, the act of sale, the new title, and the up to date registration of the new owner.
Posted on 1/25/17 at 9:57 pm to Jim Rockford
quote:
the new title
How does she have that?
quote:
the act of sale
What's it say EXACTLY?
So EXACTLY who or who shows driver A has an interest in the vehicle?
Did they use a notary for the sale?
I ask again, are they related?
Posted on 1/25/17 at 10:57 pm to the LSUSaint
She got copies from the corrent owner. They are not related. She sold the car to her mechanic, who gave or sold it to a relative of his. I don't know the answers to your other questions.
This post was edited on 1/25/17 at 11:00 pm
Posted on 1/26/17 at 6:34 am to Jim Rockford
Ok, but weird someone in this puzzle is related, as I thought
Mechanic may have tried to not pay capital gain tax and did the paperwork not showing the sale to himself, but showed Driver A selling to B.
You see, the problem with your scenario is there a Driver A (original) owner, Driver B (mechanic), and C (his relative)
Mechanic may have tried to not pay capital gain tax and did the paperwork not showing the sale to himself, but showed Driver A selling to B.
You see, the problem with your scenario is there a Driver A (original) owner, Driver B (mechanic), and C (his relative)
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