What recourse do I have after my daughter’s mother had an at fault accident with no insurance?
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What recourse do I have after my daughter’s mother had an at fault accident with no insurance?
I wanted to help. The car is in my name, and she was supposed to carry insurance on it, make the payments, and have it out of my name within a year. Now, I’m looking at having my license suspended because she rear ended someone. I carry insurance on my personal vehicle, but not on the one she drives. I’m sure I’m still financially responsible for anything she does in it, but do I have any recourse, other than to take the car from her? I wish it was her looking at a suspension.
Asked on December 25, 2016 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can sue her for any and all costs you incur due to this--including potentially the cost to pay for mass transit or taxis while you can't drive, and/or legal & court fees, as well as fines. You would sue her for her breach of contract (violating her agreement to carry insurance) and her negligence (causing you a loss due to careless driving). Unfortunately, that's all you can do: if the car was in your name, you are responsible for the actions of people whom you allow to drive it and also for failing to ensure that it is inured.
You can take the car from her, though, if it's only your name, not hers--it is your car, after all, in that case, and you don't have to let her drive it.
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