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01-19-2009, 01:54 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | Liability because child won't return vehicle
Utah
Parent purchased vehicle for son. Son promised to obtain insurance. Parent learned that son did not obtain insurance and son does not even have valid DL. Parent demanded return of vehicle and son has disappeared. How does parent avoid liability? Parent contacted police and was told it was a "civil matter." |
01-19-2009, 01:58 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | Is the vehicle registered in your name? |
01-19-2009, 02:01 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | Yes it is. I will be receiving the title within the next few days ... |
01-19-2009, 02:13 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | Then you should put insurance on it to protect yourself. |
01-19-2009, 02:20 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | I did insure it in my name, but I can't insure it in his because he has no DL. In other words, I can't list him as the primary driver. If he's in an accident, do I just tell the insurance company he was driving it w/o my permission? (a true statement ...) |
01-19-2009, 02:22 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | Also, how long do I have to keep it insured? Until the current registration expires? |
01-19-2009, 02:23 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,128
| | Quote:
Originally Posted by jacyn  Utah
Parent purchased vehicle for son. Son promised to obtain insurance. Parent learned that son did not obtain insurance and son does not even have valid DL. Parent demanded return of vehicle and son has disappeared. How does parent avoid liability? Parent contacted police and was told it was a "civil matter." | If you purchased the vehicle for your son then it is his vehicle and you have no basis to demand anything
If YOU purchased a vehicle for son to USE, then report it stolen. |
01-19-2009, 02:47 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | You gave him the car, you can't very well claim NOW that you didn't give him permission to drive it. How could you not know that he doesn't have a driver's license? |
01-19-2009, 03:00 PM
| | Member | | Join Date: Feb 2003
Posts: 821
| | Quote:
Originally Posted by ecmst12 How could you not know that he doesn't have a driver's license? | I'm sure my father would assume that I (an adult) have a driver's license. He wouldn't know if I didn't have one because I probably wouldn't mention it to him. |
01-19-2009, 03:01 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | He's in his 20s, has had a license, and told me he had one. I had no reason to believe otherwise. |
01-19-2009, 05:56 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | I think I figured out how to resolve this. My local Dept. of Motor Vehicles requires proof of transfer of legal ownership via a bill of sale signed by the seller (me). After providing that to the DMV, I can have the registration that is currently in my name revoked and then cancel the insurance I purchased. I will retain the title (the buyer has the responsibility to obtain the title) contingent upon son complying with terms of purchase. That way, I am much like a bank -- no legal possession or liability for an accident but still have security (the title) so I can repossess upon default.
Thoughts? |
01-19-2009, 05:59 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,128
| | Quote:
Originally Posted by ecmst12 You gave him the car, you can't very well claim NOW that you didn't give him permission to drive it. How could you not know that he doesn't have a driver's license? | The father can retract permission formally, and then it is theft. |
01-19-2009, 06:06 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,655
| | Quote:
Originally Posted by jacyn I think I figured out how to resolve this. My local Dept. of Motor Vehicles requires proof of transfer of legal ownership via a bill of sale signed by the seller (me). After providing that to the DMV, I can have the registration that is currently in my name revoked and then cancel the insurance I purchased. I will retain the title (the buyer has the responsibility to obtain the title) contingent upon son complying with terms of purchase. That way, I am much like a bank -- no legal possession or liability for an accident but still have security (the title) so I can repossess upon default.
Thoughts? | Ahhh, so a little bit of fraud is ok in your book...
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01-19-2009, 06:07 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,655
| | Quote:
Originally Posted by xylene The father can retract permission formally, and then it is theft. | That's not the way it works. For example, how would sonny KNOW that permission has been "retracted"?
The police will consider this a civil matter...
__________________ *
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
01-19-2009, 06:09 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 16
| | | What fraud? We did have a verbal agreement for him to provide certain things in exchange for the car. The bill of sale simply memorializes that agreement. | |
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