by Guest » Mon May 09, 2011 10:46 pm
My nephew who is not a minor took my car without permission and got into a car accident. My car was not insured because I never drove it. Now three insurance companies are going after me and my nephew for 17k each. I can't afford a lawyer and need to know what I can do to release myself from any liability. My nephew said he will take all responsibility for the accident. I received a letter from DOL that my license will be suspended for non payment for damages done to the other car. Can I type up a statement releasing me of any liablity signed by both myself and my nephew to avoid having to pay a lawyer?
Posted: Tue May 10, 2011 12:10 am Post Subject:
Here is the thing... you own the vehicle so you are responsible for it's use. Not that it matters but I'm guessing you never reported it stolen and pressed charges against your nephew for stealing the vehicle. As the owner you cannot just walk away from this. The vehicle did not have any tags on it? If so, the state is going to require insurance on it. Where were the keys to the vehicle? It appears that they were not secured as your nephew was able to get them and drive the vehicle. As I mentioned, you are responsible for the vehicles use. The court system is not going to penalize the innocent parties because you failed to secure the vehicle. With that said, your nephew _would_ probably be considered a permissive user. He had access to the keys so with him being allowed in the area where the keys were and him having easy access to them would be enough. But on top of that I'm guessing not theft report was filed. If not, they you don't consider the vehicle stolen.
As you did not have insurance you are more then welcome not to pay what they are asking. If they refer it to collections and/or court, you are free to set up a defense for yourself (represent yourself... pro say or pay an attorney to handle the matter).
You may want to speak to the other carriers, let them know you cannot afford to pay what they are asking and see if they would take less. Most would allow you to sign a promissory note and make payments. However, if you miss a payment then they come after you for what you owe _and_ collection fees.
Feel free to check and confirm if your state allows an owner of a vehicle to be held liable for it's use. A few don't.
$17k each? Sounds like there was some _real_ negligence on your nephews part. You really need to work hard to cause that much damage (i.e. usually a high rate of speed is involved and/or drinking).
Posted: Tue May 10, 2011 12:12 am Post Subject:
My nephew said he will take all responsibility for the accident. I received a letter from DOL that my license will be suspended for non payment for damages done to the other car. Can I type up a statement releasing me of any liablity
Here's the problem. The vehicle was apparently registered in your name. Unless it was registered as a non-operating vehicle, you may bear some or all of the liability for the damages as the registered owner. Your nephew can accept liability for the accident and damages he caused, and if he fulfills his obligation to the "injured" parties, then you will be relieved of that responsibility.
What takes place between you and the Dept of Motor Vehicles might be mitigated by a letter from your nephew indicating that he took the vehicle without your permission, but without that "non-op" registration, you are probably going to suffer the consequences of allowing an uninsured vehicle to be driven on the public thoroughfares. It would probably not be an issue had the vehicle been stolen.
How quickly can your nephew come up with the $17,000? The reason the insurance companies are coming after both of you is to assure themselves of payment from one or more of the responsible persons. Even if you had insurance on the vehicle, when operated by a non-named driver without your permission, your coverage normally drops to $0. But if he used the key to the vehicle, it could be fairly argued that you gave consent. As the owner of the vehicle, the insurance companies are looking to you to make good on the damages if your nephew does not.
Lesson to be learned: HIDE THE CAR KEYS. If someone else takes the car without the keys, it's probably going to be considered stolen, and that might take you off the hook.
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