[MomWontGiveUp]

My 17 yr. old son has obtained his learner's permit and has driven his father's car, which has expired registration tags. I can only assume that the car is uninsured, as well. Dad has sole legal and physical custody.

I have warned my son about driving any car that has expired registration. This past weekend, he mentioned that he'd had a driving lesson in his dad's car so I reminded him again of the consequences if he's pulled over; or worse, involved in an accident. His response: "Dad's already looked into it. He'll get the ticket - not me." I told him I'd looked into it too and that I was told that the driver will definitely be cited and it's up to the police officer as to whether they'll cite the owner as well.

I don't know whether my ex has considered how this could affect our son's future. DS would more than likely lose his ability to get a license and will also be stuck with an SR-22 filing on his DMV record (certificate of insurance required for 3 years), not to mention, outrageous insurance rates.

In addition to being concerned about my son's safety and liability, if there was an accident where injuries were sustained by another party, could that party sue me (I'm the NCP) if they can't get anything from the CP (Dad)? Dad has no assets or wages to attach. I believe that if there was no vehicle insurance and my son sustained injuries, he'd be covered through my medical insurance (but I need to verify that too... )

[JudyKayTee]

Yes, if there are personal injuries and a lawsuit is filed you will be sued - it's a shortgun approach. Not saying you will lose but you will need to defend the lawsuit. Your insurance company may or may not assist you.

I notice you've posted this before - https://www.askmehelpdesk.com/family...ts-375148.html

If I were you I'd consult with an Attorney and have the Attorney write your ex-husband a letter stating your concerns and advising your ex-husband that he has been put on notice in the event there is an accident.

[MomWontGiveUp]

Yes, if there are personal injuries and a lawsuit is filed you will be sued - it's a shortgun approach. Not saying you will lose but you will need to defend the lawsuit. Your insurance company may or may not assist you.

I notice you've posted this before - https://www.askmehelpdesk.com/family...ts-375148.html

If I were you I'd consult with an Attorney and have the Attorney write your ex-husband a letter stating your concerns and advising your ex-husband that he has been put on notice in the event there is an accident.

Thanks Judy - this is what I'm afraid of. If there's a pursuit for legal compensation, they'll seek out the other parent who HAS assets and wages to garnish.

I'll contact the attorney who represented me in the final phase of the custody dispute and see if she'll assist. I don't want to get entangled in another retainer fee arrangement but I also can't afford a law suit. I think more importantly, a letter going to the ex will put him on notice that he is putting our son at risk!

[nikosmom]

Unless Oregon is different, your son (since he's the driver) would get a ticket for whatever violation (speeding, etc). Your ex, as the owner of the car would get a ticket for not carrying insurance.

The way it works in my state is that once your child has a regular license (not just a permit), then the points will be added. So yes, he'd be looking at sky high insurance rates once he transitions from permit to license.

I'm amazed that your ex would be so blasé about keeping the insurance and registration current on the car. As mentioned, if your son has an accident and were to cause some serious injuries, then the other party will pursue you once dad's assets are tapped out.

If you carry your son's medical insurance then yes, in the event of an auto accident he would be covered. But your ex really should be concerned about the possible repurcussions if your son hurts someone else.

[JudyKayTee]

And in NY medical insurance will not pay for injuries in a MV accident. If you aren't insured - good luck.

[nikosmom]

And in NY medical insurance will not pay for injuries in a MV accident. If you aren't insured - good luck.

Wow, that's good to know JKT. In NC it will but I still recommend Medical Pymts because it's a good thing to have to help cover the deductibles on health plans.

[MomWontGiveUp]

And in NY medical insurance will not pay for injuries in a MV accident. If you aren't insured - good luck.

Yikes! I really need to contact my medical insurance company and ask how that would be handled (God forbid I'd need to find out for real!)

I know that when my husband was hit on his motorcycle, there is no PIP available on motorcycle insurance (in Oregon... don't know about other states) so the claims went to our vehicle insurance first, then were forwarded on to our health insurance. Claims were paid by my medical insurance company but were sent to the other driver's vehicle insurance carrier to collect reimbursement. That's a bit different though - both drivers were insured. PIP just isn't an option on motorcycle coverage (unfortunately).

[MomWontGiveUp]

Unless Oregon is different, your son (since he's the driver) would get a ticket for whatever violation (speeding, etc). Your ex, as the owner of the car would get a ticket for not carrying insurance.

The way it works in my state is that once your child has a regular license (not just a permit), then the points will be added. So yes, he'd be looking at sky high insurance rates once he transitions from permit to license.

I'm amazed that your ex would be so blase about keeping the insurance and registration current on the car. As mentioned, if your son has an accident and were to cause some serious injuries, then the other party will pursue you once dad's assets are tapped out.

If you carry your son's medical insurance then yes, in the event of an auto accident he would be covered. But your ex really should be concerned about the possible repurcussions if your son hurts someone else.

My ex has nothing to lose financially any longer. He doesn't have title on the car anymore because he transferred it to his father (for a loan - hah!) 6 months prior to filing Chapter 7 BK. He was cleared of all his debt and is upside down on his mortgage. Since he has no job (and it would appear doesn't have any intention of getting one again), and no assets, he has nothing to garnish or put a lien on. I'm guessing that he's beginning to milk the Welfare system by now; either on TANF or something else. My kids are on FREE lunch now so I guess I'm paying maximum child support and supporting HIM rather than my kids :(

[MomWontGiveUp]

And in NY medical insurance will not pay for injuries in a MV accident. If you aren't insured - good luck.

Whew! Just talked with my medical insurance carrier. Confirmed that DS would be covered, but it would be MY burden (as the policy holder) to prove that there was no automobile insurance to cover personal injury. The representative also posed another possibility which would be that an outside party (either a passenger in ex's car or another driver involved in an accident) could try to seek damages by putting a lien on ex's house (which wouldn't glean anything monetary either, since there's no equity) and very well might continue to pursue me in the same manner. He also recommended that I write a letter to "the responsible party" to put them on notice of the potential risks.

In the end... I'd be the one who would have to hire an attorney to defend any potential lawsuit.

Lovely :(

[JudyKayTee]

As I said - you'll need to defend and that WON'T be cheap!

[MomWontGiveUp]

Think I should cc: ex's parents and the GAL that was assigned to our case ? (she was relieved of her appointment upon the signing of our stipulated agreement.)

I want a trail out there showing that I put ex on notice.