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jeff2499 · Oct 18, 2008, 03:02 PM

My 16 yr old son took my car that I was selling(no insurance on car) and crashed into a parked truck (also, no insurance on truck) both vehicles were beyond repair. My ex-wife and I have joint custody with my ex as custodial parent and I am non-custodial parent. 2 weeks later my ex moved out of state and I have since been awarded 100% custody. I am now facing a law suit ( in California) for the damages and my ex is refusing any responsibility for this. Neither one of us had vehicle insurance at the time this happened and their lawyer wants to avoid a suite if we can come to a pmt agreement I am willing to but shouldn't my ex also be held liable?

Fr_Chuck · Oct 18, 2008, 03:15 PM

Come on, YOUR car that YOU were selling, and your son took it and crashed.

Since it was your car, as owner you are liable for it. Also as the child's father you are liable for it.

I see no reason your ex should be liable at all excpet that she had joint custody.

So maybe 10 percent at best since she was joint custody if you spend 1000's in attorney fees

stinawords · Oct 18, 2008, 04:01 PM

Um no she dosen't really have responsibility in this situation. As fr chuck pointed out it was your car and you didn't have insurance on it (don't know about CA but in my state that is illegal). As owner of the car you are responsible for what happens now you might be able to get a few bucks out of your ex but not much more than that.

cdad · Oct 18, 2008, 05:31 PM

Was the truck parked on a street or was it parked on private property ? Also who exactly is being named in the lawsuit ?

jeff2499 · Oct 18, 2008, 06:05 PM

The truck was on private property, they are sueing me and my son. Let me state that I have never had a need to have car insurance as I drive a company truck, I had just traded a couple of vintage dirt bikes for this car 2 days earlier at my garage sale and I was going to non-op it on tues with dmv and my son wouldn't be with me until the following weekend, he doesent have a drivers lic. And NOT IN MY WILDEST DREAMS WOULD I HAVE EXPECTED HIM TO DO SOMETHING THS DUMB. BUT HE'S 16 AND AN EXPENSIVE LESSON FOR US BOTH. Thanks for all the feedback.

Fr_Chuck · Oct 18, 2008, 07:33 PM

Yes, note before they sued you, it would have been easier to write them a check for damages if that had been possible, would have saved lawyer fees, court fees and more

twinkiedooter · Oct 19, 2008, 09:06 AM

If you do not have car insurance for any vehicle that you own, it is your own fault. Just the fact you are a company driver for a trucking company (or whatever) you should never buy/trade a car and not have car insurance on the vehicle before taking physical possession of it. This is basically your own doing. You got yourself into this mess by thinking you don't need car insurance.

The ex is not at fault as she didn't create this train wreck scenerio. Your kid is at fault for doing this. Would suggest he get a part time job to pay for the damage he did. In the meantime, you'll have to fork over the dough and hope he pays you back over time.

How do you get back and forth to work? In your private car? I sure hope you have insurance coverage on that vehicle as it is against the law not to have insurance on any vehicle that has a current license plate whether it is parked on your property and not moved or driving around on a daily basis.

Fr_Chuck · Oct 19, 2008, 09:15 AM

I believe he was saying he has a company vechile he uses for personal use.

** and of course this is a tax issue if he is not keeping personal use separate and paying taxes on that value.
But then that is another thread

cdad · Oct 19, 2008, 11:32 AM

Originally Posted by twinkiedooter

If you do not have car insurance for any vehicle that you own, it is your own fault. Just the fact you are a company driver for a trucking company (or whatever) you should never buy/trade a car and not have car insurance on the vehicle before taking physical posession of it. This is basically your own doing. You got yourself into this mess by thinking you don't need car insurance.

The ex is not at fault as she didn't create this train wreck scenerio. Your kid is at fault for doing this. Would suggest he get a part time job to pay for the damage he did. In the meantime, you'll have to fork over the dough and hope he pays you back over time.

How do you get back and forth to work? in your private car? I sure hope you have insurance coverage on that vehicle as it is against the law not to have insurance on any vehicle that has a current license plate whether it is parked on your property and not moved or driving around on a daily basis.

Insurance laws vary from state to state. In Cali you must have insurance on a vehicle if your going to drive it on public streets but there is no such requirement for private property. So if your going to restore a vehicle or you drive only on private lands ( like farming ) then your not required to insure it. Also written into the law is a insurance waiver program where by if you post bond with the state you don't have to be insured by another party.

Also OP stated driving a company vehicle so there was no need for insurance on his behalf.