QUESTION

Do I have any rights as a co-signer?

Asked on Feb 18th, 2016 on Insurance - North Carolina
More details to this question:
I co-signed a car loan for someone. They were in a wreck without insurance. It has been over a year since the accident and now, without any notice, my license were suspended. In order to get them back, I had to pay $6,500 for the damages to the other party in order to get my license back. Never did I receive any information about the damages not being paid or the insurance not being paid. Do I have any rights?
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1 ANSWER

Litigation Attorney serving Gastonia, NC at Bradshaw Law Firm
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 A co-signer on a loan may be either a co-owner or a guarantor for the primary owner or borrower. My guess is that the title to the vehicle was put in both names: your friend's and yours. That is why the insurance company was able to have your license suspended for the wreck.   If you can show that you never operated the vehicle or did not otherwise receive any personal benefit from this arrangement, you may be able to convince the court that your role in this endeavor was as a guarantor.  That would permit you to sue the co-owner for the money you were forced to pay on his behalf.  The legal theory is that, generally speaking, if a guarantor has to pay money on account of the conduct of his principal, the guarantor has a right to be indemnified, that is to say, to be made whole by the other person.   A lawyer experienced in civil litigation should be able to assist you with your case.  While there are some lawyers who might be willing to take your case on a contingency fee basis (taking a percentage of your recover as a fee), you should be prepared to retain (pay upfront or as the case goes along) any lawyer you ask to assist you. The reason for that is that a person who fails to maintain auto liability insurance is likely to be financially unable to pay you the money you were required to pay out.  I hope this helps.       
Answered on Mar 15th, 2016 at 10:15 AM

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