I am one of the millions that are divirced and I was wondering what can be done about my exwife driving around without insurance. The problem is not with her. It is that my daughter is driving her vehicle and now neither of them are insured. My ex-wife doesn't even have a drivers License. My daughter has her temps. I have a company car and therefore I have no insurance of my own, only homeowners. What exposure do I have if my daughter is in an accident and hurts someone. Can they come after me?


Note: I live in Wisconsin

Since you are divorced from the daughter's mother, is that car in your name?

I am not familiar with Wisconsin but in NY BOTH parents - custodial and non-custodial - would be Defendants. In the eyes of NY if you are aware your ex-wife (and I do not see that you have liability there unless her car is registered in your name) is driving uninsured and without a license UNLESS your daughter is injured while a passenger in that car.

I, of course, see liability on your part if your daughter is in an accident.

I would ask your homeowners insurance about umbrella coverage and would also report this behavior to the Police. It may even be necessary to take your ex back into Court to revisit custody if she is unfit and driving unlicensed and without insurance certainly doesn't speak well for her.

No, the auto is in the mother's name. My fear is the liability exposure that I am in if my daughter is driving her mothers vehicle.

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Originally Posted by JudyKayTee

I am not familiar with Wisconsin but in NY BOTH parents - custodial and non-custodial - would be Defendants. In the eyes of NY if you are aware your ex-wife (and I do not see that you have liability there unless her car is registered in your name) is driving uninsured and without a license UNLESS your daughter is injured while a passenger in that car.

I, of course, see liability on your part if your daughter is in an accident.

I would ask your homeowners insurance about umbrella coverage and would also report this behavior to the Police. It may even be necessary to take your ex back into Court to revisit custody if she is unfit and driving unlicensed and without insurance certainly doesn't speak well for her.

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Hello all:

I don't know if I see liability, but I certainly see exposure... Which is a distinction without a real difference, actually. BOTH outcomes will cost you money.

I DO agree with Judy, of course, about how to further protect yourself... all except calling the cops part. The cops don't do PRE crime stuff, like visit your daughter and suggest she not drive... Nope, they do POST crime stuff, like arresting your daughter if she's caught..

excon

I have tried the cops route and the court route. They want to see the crime before anything can be done. I have spoken with my agent and he said that I would be covered. It may be wise to up the umbrella though. The problem is. Is that it is setting my daughter up for things that she should not have to worry about at 16. Is it not our jobs as parents to protect our children from the known and the unknown.

I disagree - it IS your job as a parent to protect your children from both the known and the unknown.

If you have talked to your agent and discussed the sitatuation he/she has given you the best advice and undoubtedly given you the best protection.

And, yes, I see absolutely responsibility on your part. Keep a record of the times you have reported the behavior of your ex (and your daughter) in case there is a problem and consider filing for custody. You may not win nor may custody work for you at this time but it might scare your ex straight!

In NY you would DEFINITELY be sued under the circumstances I outlined - and please keep in mind that I am a liability investigator but only in NY.

I am asking another expert to step in here.

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Originally Posted by all fired up

Is it not our jobs as parents to protect our children from the known and the unknown.

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Judy, please re-read... He agrees that it is the job of parents to protect. No need to disagree.

I am sorry I worded that wrong. It IS our job as parents you are correct. Why can't people see that. I have also contacted the guardian that was assigned to my case in the divorce. All she said is that if she is reappointed, then she can help, but not until then. So I guess in the end I will continue to protect and pay for her mistakes. Thank You all.

Let me get this straight.
The exwife owns a car.
The exwife has no valid license.
The daughter has a temporary license.

My questions to you are:
How is the daughter driving around legally if there is no licensed driver with her?

How does exwife get around to go food shopping, etc?

Does exwife continually keep driving this uninsured vehicle?

Legally the daughter must have a licensed driver accompany her at all times since she only has a learner's permit. Why don't the police stop the vehicle?

In Ohio if your vehicle had no valid insurance coverage you would get a swell letter from the DMV telling you that your driver's license was suspended until you did get insurance on the vehicle.

Does this work like that in Wisconsin?

Yes she is fully aware that she does not have a license or insurance. And yes she continues to drive. The police will not do anything until she is pulled over for another reason. It is a joke.

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Originally Posted by all fired up

Yes she is fully aware that she does not have a license or insurance. And yes she continues to drive. The police will not do anything until she is pulled over for another reason. It is a joke.

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Then I think you have to protect your daughter through a change of custody.

I don't understand how the law works in Wisconsin - in NY if you report something like this the Police follow up on it.

I would love that, but it takes a small act of God to take more than 50 % custody from the mother.

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Originally Posted by all fired up

I would love that, but it takes a small act of God to take more than 50 % custody from the mother.

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I work in the legal system - if your daughter is in danger (and it certainly appears that she is) I don't see that a change in custody is next to impossible.

I work on these cases all the time. You need to get your proof in order and then file.

First WI has minimal Insurance requirements:
Wisconsin Car Insurance: An EZ Guide to Car Insurance Requirements

Basically all that is necessary is uninsured motorist coverage. Does your ex have that minimal coverage? If not, were the car to get into an accident then she would get into trouble having an uninsured vehicle.

If your daughter was driving and caused an accident, then you could be held liable for the damages caused.

And yes, even if you report this to the police they will not seek out the car or driver. Only if the car is pulled over for another violation will the illegal operation of the vehicle issues come to play.

Now I do have look at this post in conjunction with your other thread (https://www.askmehelpdesk.com/family...om-392187.html). Similar questions come to mind. Why is your ex risking driving without insurance? Could it be because she can't afford to because you don't pay enough support? Would it be cheaper for you to pay the insurance premiums on the car rather than a rider for your personal insurance?