QUESTION
Is there anything I can do to prevent getting sued for an accident?
Asked on Oct 17th, 2011 on Personal Injury - Georgia
More details to this question:
In September, I sold my car to my sister. When I got the title signed and I took the insurance off the car my sister said she already had her own insurance on the car. A month later, she was in a car accident that was her fault. However, I received a letter stating that I will be sued for the accident because my name somehow came up on the vin# of the car. Is there anything I can do to prevent getting sued?
14 ANSWERS
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If you did not register the new title with the DMV, you are probably still the registered owner of the vehicle. Since the insurance follows the car and not the driver, you are most likely the one liable as the primary insurance and your sister secondary, if she indeed had insurance.
Answered on Nov 04th, 2011 at 1:50 PM
Although it's been quite a while since I researched this question I believe if you can show a signed and dated title that predates the accident you should be okay.
Answered on Oct 24th, 2011 at 1:59 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Establish that you were not the true owner of the car at the time of the wreck.
Answered on Oct 24th, 2011 at 1:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I do not think however is threatening to sue you would have a case against you, but if they want to sue you, you cannot stop them. An attorney may be able to get the case thrown out before it goes to trial.
Answered on Oct 24th, 2011 at 1:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is not whether your name as ID with a vin number. The question is who owns the car and who was driving. The owner and the driver are liable for most purposes not you as a previous owner.
Answered on Oct 24th, 2011 at 11:47 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Send a copy of the bill of sale to the lawyer who sent you the letter, informing him (or her) that you were not the title owner on the date of the accident, and that you cancelled your insurance on the car when you sold it.
Answered on Oct 24th, 2011 at 11:21 AM
You should contact your State's motor vehicles agency to determine if its records reflect title and possession of the car in your sister's name, especially during the date of the accident. If not, you should see that those records are corrected by providing the necessary documentation. Additionally, you may want to retain a defendant's accident attorney for specific advice and direction regarding any pending litigation for an accident caused by your sister.
Answered on Oct 24th, 2011 at 11:06 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you didn't own the car on the date of the accident then you're not responsible.
Answered on Oct 21st, 2011 at 10:59 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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You are not legally liable for any damages caused by your sister. You should send a letter to whomever wrote you the letter explaining that you were not driving the vehicle nor in the vehicle at the time of the wreck. Even if you owned the car at the time of the wreck you legally would not be liable for the acts of your sister. You may need to contact a lawyer if they continue to threaten you.
Answered on Oct 21st, 2011 at 10:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Answer the letter. Explain that you did not own the car at that time. If you have any documents to prove it, provide copies.
Answered on Oct 21st, 2011 at 10:13 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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If your title was transferred to your sister on DMV records you have no liability as the former owner. Send letter writer a copy of the title transfer. That should end it. If title not validly transferred you could be liable up to $15,000 if your sister cannot cover the damages.
Answered on Oct 21st, 2011 at 10:13 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Turn it over to your insurance company. They have to defend you even though you have no liability.
Answered on Oct 21st, 2011 at 10:05 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Yes. It is the driver who is at fault when a collision occurs, not the owner of the car.
Answered on Oct 21st, 2011 at 9:55 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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If you sold the car, you should have a bill of sale indicating the date you sold the car. If you receive any correspondence regarding the accident, you will need to have the bill of sale to prove you did not own the car at the time of the accident.
Answered on Oct 21st, 2011 at 9:38 PM