QUESTION
Am I liable for damages to our vehicle after a DUI?
Asked on May 13th, 2011 on Criminal Law - Oregon
More details to this question:
As part of the terms of our divorce, my ex-wife received one of the vehicles titled jointly in both of our names. I signed the title over to her in October 2009 but she has not re-registered it in her name. She is under suspension for refusing to take a breath test after being stopped for suspicion of DUI. Am I liable for damages should the vehicle be involved in an accident while driven by her or someone else?
12 ANSWERS
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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No.
Answered on Jun 10th, 2013 at 11:05 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You may be. I would recommend turning the plates into the DMV.
Answered on May 18th, 2011 at 11:16 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Possibly, yes. You did not say at what stage of the dissolution proceedings you are. Even if you will ultimately prevail, do you really want to have to litigate potential liability, should your ex-wife cause an accident? You should complete and submit a 'Notice of Release of Liability' as soon as possible.
Answered on May 17th, 2011 at 9:45 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you are on title and she causes damage and gets sued, you do too. Every registered owner of record is liable for damages, up to $15k each occurrence. Id get the DMV transfer done ASAP.
Answered on May 17th, 2011 at 9:34 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If you no longer hold the title to the vehicle, it is unlikely that you are liable for damage. That being said, you should work with your ex-wife (through an attorney if necessary) to compel her to re-register the vehicle in her name. The fact that you signed the title over would probably assist in any legal proceedings to absolve you of liability but maybe not until court proceedings had begun. To avoid any potential complications it would be important to have her register the vehicle in her name.
Answered on May 17th, 2011 at 9:05 AM
Since you are still technically the owner of the vehicle, your ex-wife has not asked the Secretary of State to issue a new title in her name, you could be named in a lawsuit if she was in an accident creating third party liability. However, with the Judgment of Divorce and the fact you have signed off on the title, there could be a viable defense. As to damages to the vehicle, i assume you are speaking of collision type claims, this would be the responsibility of the owner, in this case your wife. Hopefully, she has the vehicle properly insured. If you would like further information, contact me.
Answered on May 17th, 2011 at 8:55 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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There is a possibility you could be held liable unless you do every thing possible to make sure your name is not associated with that vehicle. I suggest you send a letter to her telling her you do not accept any responsibility; also inform DMV that you no longer own the car; also cancel your insurance coverage for that car and inform the ins. Co. That she may not be insured.
Answered on May 16th, 2011 at 3:42 PM
Theodore W. Robinson
Unfortunately, yes, you are still the owner of record and as such, you could be responsible for damage caused by "your" vehicle, or at least half of them. You may have the right to indemnification by your former wife, but that's a drawn our affair too. Speak to a negligence lawyer about this question. Good luck.
Answered on May 16th, 2011 at 3:28 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In your divorce judgement, the vehicle would have been awarded to your ex-wife. You should ensure that the title was transferred. If not, you can bring a motion in your divorce case to force her to transfer the title. In some cases, if the car is financed, this may require that the car be refinanced. Damage to the vehicle itself is not the major issue. In Michigan, should there be an accident and your name is on the vehicle, you could be liable as a owner of the vehicle to another driver for injuries which meet the thresh-hold requirement, (or other damages if insurance lapses.) Therefore, it is important that if your name is on the vehicle that the vehicle be insured. Again, this can be enforced in the Divorce case. I hope that this was helpful.
Answered on May 16th, 2011 at 2:27 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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File a form with DMV saying you sold vehicle and to whom. Tell the drunk she better have insurance as neither she nor her boozing are your problem any more. Then get on your knees and thank god you are done with her.
Answered on May 16th, 2011 at 12:17 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If the vehicle is still in your name you could be liable if you permitted someone either knowingly or negligently to operate your vehicle in a negligent and unsafe manner then you could be held responsible under that theory. This situation sounds complicated. I would recommend seeking out a lawyer right away.
Answered on May 16th, 2011 at 12:04 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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The quick answer is no. Mere ownership is not a basis for liability except for some exceptions such as negligent entrustment or the family purpose doctrine. Since the car was awarded to her in a divorce, neither of these theories of liability would apply so, I believe you are in the clear. The judgment of dissolution of marriage normally would contain a provision for transferring titles by operation of the Judgment. Without more information I cannot really give you much more than the above.
Answered on May 16th, 2011 at 11:50 AM