QUESTION

Is my father liable if he sold his truck and the buyer got into an accident while the car was still in my father's name?

Asked on Jan 31st, 2013 on Automobile Accidents - South Carolina
More details to this question:
My father sold his truck and the next day the driver got into a minor accident. The car was still in my fathers name and so was the insurance. Obviously the driver was not insured under my fathers policy. My father is now being sued by the person who was hit. We live in Florida. The truck is no longer in my fathers name. Shouldn't the driver be the one sued?
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6 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I cannot answer your Question as Nebraska, the State you selected when asking your Question, does not appear to be involved in your question unless the accident occurred in Nebraska, which is not specified. You also do not indicate where your father is being sued. Attorneys can only offer legal advice for cases in States in which they are licensed to practice in or they would be committing the unauthorized practice of law. I am not licensed in Florida so I cannot provide any legal advice. You should re-ask your Question and select Florida or the State where your father is being sued as the State instead of Nebraska.
Answered on Mar 06th, 2013 at 11:31 PM

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Ronald A. Steinberg
Your father should turn the suit papers over to his insurance company. They will defend him. They will also bring in the driver of the vehicle as a necessary party. The moral to the story is that if you sell a vehicle to an individual, immediately take the sale papers to the Secretary of State and get the titled transferred immediately. Do not trust the buyer to do it without you compelling him/her to do so.
Answered on Feb 21st, 2013 at 12:17 AM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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Yes, the driver should be the one sued. Your father's insurance should cover any judgment rendered against the driver, but your father should not be personally liable (unless he negligently entrusted the vehicle to the driver).
Answered on Feb 06th, 2013 at 4:18 AM

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Your father should not be liable because he was not the driver, and since he had sold the truck, he did not have an insurable interest in it.
Answered on Feb 04th, 2013 at 11:48 PM

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James Eugene Hasser
I have to presume that the accident occurred in Alabama. Insurance follows the truck. If the insurance company considers the purchaser to be a permissive user under the policy, the purchaser may be covered. Your father would have no liability under Alabama law for the other driver's wreck unless he entrusted the truck to him knowing he was an incompetent driver. Check with your insurance agent on coverage. Good luck.
Answered on Feb 04th, 2013 at 11:48 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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In South Carolina, it is the driver who should be sued, and the Plaintiff would hope your father's insurance would provide coverage. I do not know the law in Florida.
Answered on Feb 04th, 2013 at 11:47 PM

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