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See above post. Still believe all the statutes appear to require permission at least implied. Do we take the position that once granted such permission is not revocable?
Could have done it better certainly by taking whatever action the DMV allows to withdraw the registration but is that the minimum that would effect his liablity?
It would be a defense to a suit, we can't say that it would affect the liability that would have to be determined on the whole of the evidence.
Without knowing more we can only speculate. Certain Jurisdictions would count this as a revocation of consent to operate the motor vehicle if it were clear and done prior to the negligent action. Some Jurisdictions would place liability by virtue of the ownership. Some may require exceptional circumstances. The answer is it depends.
The issue is that there don't seem to appear terms to him having this automobile, she put it in her name for him to use, then said he SHOULD sell it and threatened nonpayment of insurance. She was made aware of the accident meaning that at some level she was probably aware he was still driving the car. The fact that she continued to own it it is reasonable that she should have known if insurance was being carried on the vehicle.
Here is an example of a statute from Michigan
Quote:
Evidentiary presumption of statutory consent or knowledge of driving arises upon proof of permission to use automobile and once fact of permission is established, burden is on owner to show that vehicle was not thereafter being driven with his express or implied consent or knowledge.
. . . . the challenging party must provide positive, unequivocal, strong and credible evidence that the car was not driven with the owner's knowledge or consent
But then here is an example from Oklahoma
Quote:
Generally automobile owner who has consented to use of automobile is not liable for negligence of another in operating automobile at a time and place, or for purpose or on an occasion, outside of terms of consent given.
Allen v. Hickman
We can only speculate. She has defenses, but it's an uphill battle in many states.
He is screwed. Time to protect assets, cause he is liable.
not possible now. the time to protect assets was before the lawsuit was filed. any attempt to protect assets afterwards will fail as a good lawyer will follow the law and get them included regardless of what happens to "protect" the assets.
I don't suppose any of you actually read the post.....actually read the post. Do you really think somebody is that stupid? And did nothing about it for 2 YEARS. And a first time poster too. Reminds me of when we go fishing sometimes with the engine running while we have lines out.....
I had a friend who was served a year after something happened. You have a long time to file lawsuits. As long as the statute of limitation has not ran out a lawsuit may not happen immediately. What's stupid us OP taking the HUGE liability of registering AND insuring a vehicle. And it sounds to me like the accident happened before op said the friend cannot use the car. So op is on the hook. Feel free to fight in court with a piece of paper if that's good enough for you. You still need to hire a lawyer, and fight. And that's gonna cost money.
Weather they said no, filed or didn't file a release of lien makes absolutely not one bit of difference. OP was stupid and did not take the precautionary steps in protecting themselves. I DGAF about filling out a piece of paper and pray it's going to get me out of a jam in two years. If people feel that filling out a piece of paper online or mailing it or giving it to a clerk is sufficient more power to them. I guess nothing ever goes wrong online and mail doesn't get lost or a clerk loses or misfiled paperwork. There is a reason I make a sale of a car hinge on transfer of ownership. I gave a car to a friend but I went to DMV with them that day and transferred ownership. We all do things our own way.
Quote:
Originally Posted by jp03
How do you all know its a he??
Whatever lady. The screen names really threw me off. They are so ambiguous. I'll try harder next time.
Last edited by Electrician4you; 01-06-2016 at 12:51 PM..
I am an attorney, but not one that deals with civil lawsuits. However, I just HAD to chime in after about the 10th post of horrible advice.
According to the OP, the guy is being sued in civil court by the owner of the car that was damaged during the hit-and-run. First off, of course the OP is named in the suit- anybody whose name is on anything gets named in a lawsuit, especially when the ultimate culprit might be unknown.
However, assuming the facts stated by the OP are correct, the OP will have ZERO liability. Registering a car for a friend does not make you forever liable for the acts of the friend while behind the wheel. In fact, it wouldn't even make you liable for a single minute for acts of the friend. Registration is about paperwork, not assumption of liability.
In eight pages of mostly inane posts, people cite laws that have nothing to do with this and say that the OP is definitely liable. Just scary how wrong group-think can be sometimes.
Should the OP get a lawyer? Of course. Is he wrong for asking the question here first/concurrently? NO! Researching stuff on the internet either before seeking representation or during the course of a representation is just a smart thing to do.
Anyway, good luck OP. You'll be fine at the end of the day, but hopefully you can get out of it with as few billable hours as possible. You will also have a claim against the idiot friend for your legal fees, although from the sounds of it I doubt it's worth pursuing.
P.S. I am not your lawyer and this post doesn't make me your lawyer
I am an attorney, but not one that deals with civil lawsuits. However, I just HAD to chime in after about the 10th post of horrible advice.
According to the OP, the guy is being sued in civil court by the owner of the car that was damaged during the hit-and-run. First off, of course the OP is named in the suit- anybody whose name is on anything gets named in a lawsuit, especially when the ultimate culprit might be unknown.
However, assuming the facts stated by the OP are correct, the OP will have ZERO liability. Registering a car for a friend does not make you forever liable for the acts of the friend while behind the wheel. In fact, it wouldn't even make you liable for a single minute for acts of the friend. Registration is about paperwork, not assumption of liability.
In eight pages of mostly inane posts, people cite laws that have nothing to do with this and say that the OP is definitely liable. Just scary how wrong group-think can be sometimes.
Should the OP get a lawyer? Of course. Is he wrong for asking the question here first/concurrently? NO! Researching stuff on the internet either before seeking representation or during the course of a representation is just a smart thing to do.
Anyway, good luck OP. You'll be fine at the end of the day, but hopefully you can get out of it with as few billable hours as possible. You will also have a claim against the idiot friend for your legal fees, although from the sounds of it I doubt it's worth pursuing.
P.S. I am not your lawyer and this post doesn't make me your lawyer
When You Let Someone Drive Your Car
In some states, car owners are legally responsible for negligent driving by anyone using the owner's car with the owner's permission. These state laws don't require that the parties have a relationship like that of employer-employee. Instead, in states with such laws, once you give someone permission to drive your car, you're on the hook for their actions.
When You Let an Incompetent or Unfit Driver Use Your Car
If you lend your car to an incompetent, reckless, or unfit driver, and that driver, through his or her negligent driving, causes a car accident, you will be liable for injuries and damage resulting from the accident. This is called negligent entrustment. (To learn about the other elements that must be proven in a negligence case, read Nolo's article Car Accidents Caused by Negligence.)
However, assuming the facts stated by the OP are correct, the OP will have ZERO liability. Registering a car for a friend does not make you forever liable for the acts of the friend while behind the wheel. In fact, it wouldn't even make you liable for a single minute for acts of the friend. Registration is about paperwork, not assumption of liability.
In eight pages of mostly inane posts, people cite laws that have nothing to do with this and say that the OP is definitely liable. Just scary how wrong group-think can be sometimes.
I'm going to partially disagree. Yes, registration is about paperwork, but it's also about ownership and you can be liable for what someone does in your car, depending on the circumstances under which the owner provided the car to the driver.
The OP really doesn't give enough information to say whether there is liability or not. All that's certain is that OP definitely needs a lawyer, and acercode is wrong.
I am an attorney, but not one that deals with civil lawsuits. However, I just HAD to chime in after about the 10th post of horrible advice.
According to the OP, the guy is being sued in civil court by the owner of the car that was damaged during the hit-and-run. First off, of course the OP is named in the suit- anybody whose name is on anything gets named in a lawsuit, especially when the ultimate culprit might be unknown.
However, assuming the facts stated by the OP are correct, the OP will have ZERO liability. Registering a car for a friend does not make you forever liable for the acts of the friend while behind the wheel. In fact, it wouldn't even make you liable for a single minute for acts of the friend. Registration is about paperwork, not assumption of liability.
In eight pages of mostly inane posts, people cite laws that have nothing to do with this and say that the OP is definitely liable. Just scary how wrong group-think can be sometimes.
Should the OP get a lawyer? Of course. Is he wrong for asking the question here first/concurrently? NO! Researching stuff on the internet either before seeking representation or during the course of a representation is just a smart thing to do.
Anyway, good luck OP. You'll be fine at the end of the day, but hopefully you can get out of it with as few billable hours as possible. You will also have a claim against the idiot friend for your legal fees, although from the sounds of it I doubt it's worth pursuing.
P.S. I am not your lawyer and this post doesn't make me your lawyer
Quote:
Originally Posted by LeagleEagleDFW
I'm going to partially disagree. Yes, registration is about paperwork, but it's also about ownership and you can be liable for what someone does in your car, depending on the circumstances under which the owner provided the car to the driver.
The OP really doesn't give enough information to say whether there is liability or not. All that's certain is that OP definitely needs a lawyer, and acercode is wrong.
i have to agree with legaleagle here, if i register a car, that means my name is on that registration, and it is generally also on the title as well. and if i insure that car, then i AM assuming liability for that vehicle, thus if i let someone else drive that car, either once in a while or long term, i am assuming the same legal responsibility that the driver is.
Quote:
Originally Posted by convextech
Oscar Meyer, fried with an egg, you betcha.
oscar meyer? oh come on, cant you come up with something better than that? like boars head baloney? i mean come on, have some self respect man.
When You Let Someone Drive Your Car
In some states, car owners are legally responsible for negligent driving by anyone using the owner's car with the owner's permission. These state laws don't require that the parties have a relationship like that of employer-employee. Instead, in states with such laws, once you give someone permission to drive your car, you're on the hook for their actions.
When You Let an Incompetent or Unfit Driver Use Your Car
If you lend your car to an incompetent, reckless, or unfit driver, and that driver, through his or her negligent driving, causes a car accident, you will be liable for injuries and damage resulting from the accident. This is called negligent entrustment. (To learn about the other elements that must be proven in a negligence case, read Nolo's article Car Accidents Caused by Negligence.)
Again with this horrible line of reasoning. Please re-read the OP. The OP specifically states that he told the driver NOT to use the car a long time before the incident. This is pretty much the opposite of "letting" someone use your car. So both of your quotes are 180 degrees from correct. There was no permission here. If there ever was permission (which is arguable at best), it was revoked years before the accident occurred. There are a few other more complex topics at play here too but if you can't even read four sentences in an OP then it's not worth diving into the more interesting stuff, such as who "owns" a car when it is purchased by one party but registered by another.
It's cute when non-lawyers try to use overly general websites like nolo to prove real lawyers wrong about legal issues, but how bout you just let the big boys handle this one, m'kay?
Again with this horrible line of reasoning. Please re-read the OP. The OP specifically states that he told the driver NOT to use the car. This is pretty much the opposite of "letting" someone use your car. So both of your quotes are 180 degrees from correct. There was no permission here. If there ever was permission (which is arguable at best), it was revoked two years before the accident occurred.
It's cute when non-lawyers try to use overly general websites like nolo to prove real lawyers wrong about legal issues, but how bout you just let the big boys handle this one, m'kay?
Prove it. Oh yeah, OP can't!
OP registering and insuring someone else's car in his/her name is enough to prove explicit consent.
I guess those internet law degrees just don't go very far anymore.
LOL!
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