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Finanacial responsability for car

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plancooper

Junior Member
What is the name of your state? Indiana
My husband and I are separated, although he refuses to sign legal separation documents. He is not legally licensed but drives anyway. In an attempt to protect myself and our children from legal liability should he have an accident, I signed over a vehicle to him and dropped the insurance on it. Now a friend tells me I am still liable and can be sued should he injure someone or there property. Is this true and if so how to I protect my assests from his actions?What is the name of your state?
 


mistoffolees

Senior Member
What is the name of your state? Indiana
My husband and I are separated, although he refuses to sign legal separation documents. He is not legally licensed but drives anyway. In an attempt to protect myself and our children from legal liability should he have an accident, I signed over a vehicle to him and dropped the insurance on it. Now a friend tells me I am still liable and can be sued should he injure someone or there property. Is this true and if so how to I protect my assests from his actions?What is the name of your state?
Did you ask your insurance agent about this before dropping the insurance? The better insurance agents would know the answer.
 

LdiJ

Senior Member
What is the name of your state? Indiana
My husband and I are separated, although he refuses to sign legal separation documents. He is not legally licensed but drives anyway. In an attempt to protect myself and our children from legal liability should he have an accident, I signed over a vehicle to him and dropped the insurance on it. Now a friend tells me I am still liable and can be sued should he injure someone or there property. Is this true and if so how to I protect my assests from his actions?What is the name of your state?
I am not sure if that was a good idea or bad idea. If he gets his own insurance and plates the car in his own name, you are safe from liability.

If he doesn't do so, then you are still at risk. However, you would still be at risk no matter what. Since he is not a licensed driver your insurance wouldn't cover any accident anyway.

I hope you didn't let him keep your plate.
 

penelope10

Senior Member
I am not sure if that was a good idea or bad idea. If he gets his own insurance and plates the car in his own name, you are safe from liability.

If he doesn't do so, then you are still at risk. However, you would still be at risk no matter what. Since he is not a licensed driver your insurance wouldn't cover any accident anyway.

I hope you didn't let him keep your plate.
I would contact your agent AND your attorney in regards to this. In fact, the courts in the state I live in frown upon either spouse having the other taken off an insurance policy without permission before a divorce is finalized. You and your spouse are not legally separated or divorced. Even if the car is titled only in his name you could still be held accountable for liability in regards to any co assets you have.

Different insurance cos have different policies regarding taking one spouse off a policy by the request of the other. The company I worked for would NOT take a spouse off a policy without the permission of the spouse being taken off.
 

LdiJ

Senior Member
I would contact your agent AND your attorney in regards to this. In fact, the courts in the state I live in frown upon either spouse having the other taken off an insurance policy without permission before a divorce is finalized. You and your spouse are not legally separated or divorced. Even if the car is titled only in his name you could still be held accountable for liability in regards to any co assets you have.

Different insurance cos have different policies regarding taking one spouse off a policy by the request of the other. The company I worked for would NOT take a spouse off a policy without the permission of the spouse being taken off.
1) This is Indiana, which is not a community property state. 2) She signed over the car to him so as long as he plates and insures it in his own name, she has no problem, she could not be held accountable.
 

penelope10

Senior Member
1) This is Indiana, which is not a community property state. 2) She signed over the car to him so as long as he plates and insures it in his own name, she has no problem, she could not be held accountable.
I think the problem is that he doesn't have a dl. And he's been driving around without a dl for a while which means something has to have happened for him not to have a dl. Or he's not very responsible and has not gotten the license renewed. OP has kept the vehicle on her insurance with the knowledge that spouse did not have a dl. I would be very surprised if suddenly he feels motivated to get a dl or insurance. (And that's just IMO)--no matter what state he lives in he's going to have to have a dl to get insurance. If I was OP I would contact my attorney in regards to any fears she has regarding liability. She could certainly speak with her insurance company without tipping her hat that spouse does not have a dl with questions regarding what, if any liability, she would have if he does not re plate etc.
 

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