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The OP might have a case if he can find a good enough lawyer. That would be hard if most lawyers are sleazy and incompetent. At least in my state they seem to be.
His case could be based on the driver not having his permission to drive the car. He withdrew his permission, right? So isn't it legally the same as a stolen car? But the average judge needs a very good lawyer to explain that point of view. Without a good enough lawyer, the judge is likely to consider it a silly point of view from someone naive about the law. It also depends on whether, in your state, the owner of a car has liability for the behavior of someone who steals that car.
You can file the release online or print out the form and take it to DMV, it doesn't have to be the one attached to the title.
You're making the point for me. The reason your friends were on the hook for the tickets and tow fees was because they DIDN'T bother to file a release. I had a buyer who did the same exact thing and racked up $2000 in tickets and fines. But I wasn't legally responsible because I had filed a release of liability prior to receiving the notice.
OP took full liability for the vehicle. And until the guy walks in and actually transfers title as far as the DMV is concerned you're the last legal owner and will be listed as such. You will receive all the correspondence tied to that car until it's transferred because you are considered a "interested party" to the DMV. So they will notify you. The paperwork was not fully completed. Yes you're not liable but you still have to deal with the bs because of a irresponsible person. And when someone uses they bring everyone that remotely had anything to do with that vehicle. It takes me 15 minutes to go to AAA and have the title transferred and know 100% that car is in no way my liability. Sold as is transfer done at the time of sale.. I walk you walk. . After seeing hearing and reading about all the issues people have that's my rule in selling a vehicle.
My friends did send the paperwork in. The DMV never received it or didn't input the data. And even the ones that did donut right still had to go deal with the whole clown carnival.
I'm not saying your way is wrong. I just prefer my way
Quote:
Originally Posted by eok
The OP might have a case if he can find a good enough lawyer. That would be hard if most lawyers are sleazy and incompetent. At least in my state they seem to be.
His case could be based on the driver not having his permission to drive the car. He withdrew his permission, right? So isn't it legally the same as a stolen car? But the average judge needs a very good lawyer to explain that point of view. Without a good enough lawyer, the judge is likely to consider it a silly point of view from someone naive about the law. It also depends on whether, in your state, the owner of a car has liability for the behavior of someone who steals that car.
OP willingly registered and carried insurance on the vehicle assuming all responsibility. If he withdrew permission to drive vehicle he should of taken possession of the vehicle also. It's legally his vehicle. Op let himself wide open for a lawsuit by not protecting himself or herself. Did OP at the minimum protection fill out a transfer of liability, took it in and filed a copy for his records? Or just mailed it prayed it got there and was filed and data entered into the mainframe computer and the associate would go register the car in his name? Well if you think all that **** falls in place like that go ahead be at the mercy of a bunch of irresponsible people.
People say well I filled out this piece of paper I'm not liable DMV says so. F**K what the DMV says, maybe ultimately you will be absolved but meanwhile you're getting a lawyer dealing with court insurance stress etc.
OP took full liability for the vehicle. And until the guy walks in and actually transfers title as far as the DMV is concerned you're the last legal owner and will be listed as such. You will receive all the correspondence tied to that car until it's transferred because you are considered a "interested party" to the DMV. So they will notify you. The paperwork was not fully completed. Yes you're not liable but you still have to deal with the bs because of a irresponsible person. And when someone uses they bring everyone that remotely had anything to do with that vehicle. It takes me 15 minutes to go to AAA and have the title transferred and know 100% that car is in no way my liability. Sold as is transfer done at the time of sale.. I walk you walk. . After seeing hearing and reading about all the issues people have that's my rule in selling a vehicle.
My friends did send the paperwork in. The DMV never received it or didn't input the data. And even the ones that did donut right still had to go deal with the whole clown carnival.
I'm not saying your way is wrong. I just prefer my way
100% wrong.
You can file a release without needing the new owner to transfer ownership. I had this happen where the buyer NEVER transferred the title, got bunch of tickets then abandoned the car somewhere. I later received an invoice from the city for $2000 since I was technically still the registered owner of the car. But I wasn't on the hook because I had filed a release prior to receiving the notice. It even said so right on the notice.
So it's not about your way or my way, it's about the LEGAL way.
You can file a release without needing the new owner to transfer ownership. I had this happen where the buyer NEVER transferred the title, got bunch of tickets then abandoned the car somewhere. I later received an invoice from the city for $2000 since I was technically still the registered owner of the car. But I wasn't on the hook because I had filed a release prior to receiving the notice. It even said so right on the notice.
So it's not about your way or my way, it's about the LEGAL way.
Go look up interested party and not having a complete transfer of sale. You still have to deal with the bs if the car was not transferred. You are still listed on the vehicle with the DMV. The inky way you are completely removed is by completing the title transfer. But hey I never had a issue once a car was transferred out of my name. Do you do it your way and I'll do it my way. I want no liability at all and I'm gonna make sure I am completely removed from the ownership of any automobile motorcycle or vehicle I sell. I not relying on a website, mail or clerk to do his job right.
You can file a release without needing the new owner to transfer ownership. I had this happen where the buyer NEVER transferred the title, got bunch of tickets then abandoned the car somewhere. I later received an invoice from the city for $2000 since I was technically still the registered owner of the car. But I wasn't on the hook because I had filed a release prior to receiving the notice. It even said so right on the notice.
So it's not about your way or my way, it's about the LEGAL way.
OP Negligently entrusted an incompetent person who committed a hit and run and fled. There is no getting around it, there is simply risk management at this point.
You're legally on the hook. That's the risk you accepted when you agreed to allow another to register/insure their car in your name whether you knew it at the time or not.
Giving someone an ultimatum and canceling insurance doesn't absolve you of legal responsibility. It just makes it worse cause you don't have insurance to fall back on if an accident occurs. What you should have done was filed a "Release of Liability" with DMV so you were no longer legally responsible. Since you failed to do so, you will be responsible for paying out of pocket any judgement against you.
The above is legal advice and worth exactly what you paid for it, or possibly less. Contact a local attorney immediately.
You can file a release without needing the new owner to transfer ownership. I had this happen where the buyer NEVER transferred the title, got bunch of tickets then abandoned the car somewhere. I later received an invoice from the city for $2000 since I was technically still the registered owner of the car. But I wasn't on the hook because I had filed a release prior to receiving the notice. It even said so right on the notice.
So it's not about your way or my way, it's about the LEGAL way.
If you're selling a car and the buyer never completes their portion, that's one thing. But it's entirely different to register a car in your name and let someone else drive it routinely. You can't just sign a piece of paper saying that you have no responsibility for what happens.
OP - "I signed a release of liability."
Even vaguely competent attorney - "Oh, so you sold him the car?"
OP - "Well, no."
Even vaguely competent attorney - "Oh, so you took the car back from him?"
OP - "Well, no."
Even vaguely competent attorney - "Oh, so you reported the car as stolen to the police?"
If you're selling a car and the buyer never completes their portion, that's one thing. But it's entirely different to register a car in your name and let someone else drive it routinely. You can't just sign a piece of paper saying that you have no responsibility for what happens.
OP - "I signed a release of liability."
Even vaguely competent attorney - "Oh, so you sold him the car?"
OP - "Well, no."
Even vaguely competent attorney - "Oh, so you took the car back from him?"
OP - "Well, no."
Even vaguely competent attorney - "Oh, so you reported the car as stolen to the police?"
And so forth.
What in the hell are you talking about?
I have filed releases for cars I no longer use (given to someone else) and cars I co-owned that I no longer wanted anything to do with.
You don't have TO SELL A CAR to file a release!!!!!!!
Go look up interested party and not having a complete transfer of sale. You still have to deal with the bs if the car was not transferred. You are still listed on the vehicle with the DMV. The inky way you are completely removed is by completing the title transfer. But hey I never had a issue once a car was transferred out of my name. Do you do it your way and I'll do it my way. I want no liability at all and I'm gonna make sure I am completely removed from the ownership of any automobile motorcycle or vehicle I sell. I not relying on a website, mail or clerk to do his job right.
Again, what the hell are you talking about??????
OP wanted to know what he could have done to not be on the hook for a car that's registered in his/her name. Filing a RELEASE OF LIABILITY would have been enough. Which you disagreed with for some unintelligible reasons. What "BS" are you talking about? DMV sending you registration renewals? I treat those like JUNK MAIL and toss em in the trash cause it has NOTHING to do with me since I've filed a RELEASE OF LIABILITY and am no longer an interested party!!!!!!!
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