Re: I need help (Accidents and legal stuff)

[Mark Williams <williamh@xxxxxxx>]

Michael Ting wrote:


> I have a friend who just got in an accident. She broke her wrist, but what's
> more is that she has a bigger problem that she has to deal with.
>
> Let me start with what happened. She was in a car with her boyfriend. She
> just bought the car from him, and she's handed the cash to him. However,the
> title is still in his name. Her boyfriend was driving the car when the accident 
> happened. Their car hit a car in front of them, and that linked to another car.
> When the accident  happened, the boyfriend told the police that he had sold the car to her,
> and  she had already paid for the car.
>
> Now, who would be responsible for this? The title is still in her
> boyfriend's name, so legally the car is still in his name. He was the one
> driving the car. She is scared that she'll be hold responsible for the
> damages. Since she just bought the car, obviously she doesn't have any
> insurance. Who will pay for the damages?? (Question 1)
>
> If the judge decided that it is not her fault (her b/f to pay damages),what
> should she do with the money that was meant for the car's payment?? (She
> gave it to her b/f, but he is a jerk) I'm afraid that he will take the
> money from her to pay for the damages, but he won't give her the title to the
> car. (Question 2)


The answer to question # 1 is " it depends.... "  It depends on what state the 
accident occurred in. Michael, since you have a purdue address, (I am also a Boiler alumni)
I am going to assume the loss occurred in Indiana..  In Indiana, insurance
follows the DRIVER. In this case, the boyfriend's policy will pay for
the car he was driving as well as the other cars that were  damaged. (From 
the limited facts you gave I am going to make the flying leap that he was inattentive 
and the cars in front stopped and he rear-ended the car in front and pushed the 
second car into a third car).  If this loss  happened in a state where
insurance follows the CAR, then the car owner's policy will pay for the damage to the
car itself, and the other cars involved..  If it happened in TEXAS.. things get really
complicated as insurance follows the CAR in Texas but there are some other added 
wrinkles too difficult to get into here..

The girlfriend's medical bills can be paid from either 1) the boyfriend's  Medical Payments
Coverage (MPC) as primary, or 2) her own  MPC coverage on her policy as secondary..  
The girlfriend could also pursue a liability claim against her boyfriend's policy due to
 his negligent operation of the motor vehicle.  
 

Daniel Chenault replied:
> What he says is not as relevant as what the paperwork shows. At that moment,
>the owner of the car, as far as the state was concerned, is the boyfriend.
>He can say the car was hers, but he can't prove it without her agreeing that
>he had bought it, yet they had not yet completed the paperwork. 

This is correct to a point.. If the girlfriend has a signed contract or has a 
check or some other receipt to show that she has paid for the car, or is making payments,
then the car will be considered hers... (just like when a car has a loan on it.. The
lienholder truly OWNS the car, but the person making payments is considered the 
owner for all intents and purposes).  Payment for the car would be made to the girlfriend.
If the girlfriend has no  receipt, canceled check, or other signed documentation to show 
that she paid for the car (i.e. she paid him in cash), then she is going to be up a creek.
The boyfriend is still the titled owner, and she will  have little or no recourse to regain 
the money she paid. (She should have only made payment for the car in exchange for the signed title).


With regards to the title, it sounds like there will be a coverage question
for any of the insurers involved until the ownership of the car is resolved...



Hope this helps...


Mark Williams
Dallas, TX (formerly of lafayette, IN)
claim rep by day..

------------------------------