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sexikisses38 · Mar 18, 2009, 10:39 AM

My son who was 19 at the time of the accident insurance lapsed which was in my name who is liable me the parent or my son. I'm being sued (the parent)...

JudyKayTee · Mar 18, 2009, 06:16 PM

Who is the registered owner of the car?

excon · Mar 19, 2009, 05:27 AM

Originally Posted by sexikisses38

My son who was 19 at the time of the accident insurance lapsed which was in my name who is liable me the parent or my son. I'm being sued (the parent).....

Hello sexi:

Both of you - the driver and the owner.

excon

JudyKayTee · Mar 19, 2009, 05:32 AM

Originally Posted by excon

Hello sexi:

Both of you - the driver and the owner.

excon

I respectfully disagree - every now and then I run into a situation where the registered owner of the car is NOT the person carrying the insurance. How does that happen? I don't know. I don't think this is an automatic "both of you" answer.

"We" need to know who the registered owner is in order to determine liability. If the insurance was in the mother's name (for some reason) but she is NOT the owner of the car, the injured person has no action against her that I can see.

The action is against the owner and driver of the vehicle.

EDIT: I do notice that the mother is being sued which makes me think she IS the owner; however, I'm still not sure. The Attorney for the Plaintiff COULD be using a shotgun approach - fire at everyone, hope you hit someone.

this8384 · Mar 19, 2009, 08:29 AM

Originally Posted by JudyKayTee

I respectfully disagree - every now and then I run into a situation where the registered owner of the car is NOT the person carrying the insurance. How does that happen? I don't know. I don't think this is an automatic "both of you" answer.

"We" need to know who the registered owner is in order to determine liability. If the insurance was in the mother's name (for some reason) but she is NOT the owner of the car, the injured person has no action against her that I can see.

The action is against the owner and driver of the vehicle.

EDIT: I do notice that the mother is being sued which makes me think she IS the owner; however, I'm still not sure. The Attorney for the Plaintiff COULD be using a shotgun approach - fire at everyone, hope you hit someone.

Interesting thread... we're selling our Sport Trac to my sister-in-law. The insurance is under her parents' names but the truck is still registered in mine; she doesn't have any credit established so she couldn't get a loan buy the truck outright from us. She just mails us the payment every month.

excon · Mar 19, 2009, 08:39 AM

Hello this:

In my view, the owner of record along with the driver, is liable for any accidents.

Additionally, it doesn't matter who's name the car is registered to, or who is buying the insurance. What matters is who is LISTED as insured.

We've had some recent posts saying that an insurance company paid when an unlicensed driver was behind the wheel. I didn't want to argue with the person any more than I usually do, but I have NEVER seen an insurance company that lets stuff slip by, or act nice. NEVER.

If your sister in law is not insured BY NAME, if she gets into an accident, the insurance won't pay, and you'll be sued.

excon

this8384 · Mar 19, 2009, 08:50 AM

Good info to have. They live in GA; we live in WI.

Went through a whole big deal when I cancelled my insurance on the truck in June and got a letter from the lender in August stating that there was no insurance on the truck. They had gone to apply once but some family issue came up and they never finalized the deal. I had a few choice words about that... :)

But long story short, they insured the truck under their policy and I haven't gotten any notices stating that it's been cancelled *knocks on wood*

JudyKayTee · Mar 19, 2009, 08:54 AM

Originally Posted by excon

Hello this:

In my view, the owner of record along with the driver, is liable for any accidents.

Additionally, it doesn't matter who's name the car is registered to, or who is buying the insurance. What matters is who is LISTED as insured.

We've had some recent posts saying that an insurance company paid when an unlicensed driver was behind the wheel. I didn't want to argue with the person any more than I usually do, but I have NEVER seen an insurance company that lets stuff slip by, or act nice. NEVER.

If your sister in law is not insured BY NAME, if she gets into an accident, the insurance won't pay, and you'll be sued.

excon

Insurance companies are in business to make money - otherwise, your experience is very different from mine. I know what my investigations entail, what I am asked to determine, what law firms/Attorneys want to know.

And I think that ends my comments on the subject. :)

this8384 · Mar 19, 2009, 09:05 AM

Originally Posted by excon

excon agrees: The only problem is their insurance is 5 times more expensive than you can buy.

Do you mean if they purchase it themselves or if the lender adds it on? I sent a bunch of paperwork to their insurance agent; they added me as a driver to their plan to get the truck covered.

excon · Mar 19, 2009, 09:55 AM

Hello again, this:

If the lender adds it because you didn't, it's going to be wayyyy too pricey. They don't care about saving YOU money. They care about covering their car.

excon

this8384 · Mar 19, 2009, 10:00 AM

That's what led to my "few choice words" :) I wasn't going to let them add insurance at 2-3 times the cost of what I was paying for it.

I haven't asked them how much they're paying for insurance. All I really care is that it's covered under their policy and it's not my responsibility.