Sued by the wrong person

[Mleicht]

What is the name of your state? Wisconsin
I was sued for a car accident and lost. I posted a bond with the state for the financial responibility Law. I got a letter from the state saying The funds can't be released because the wrong name is listed as the defendant. The drivers name instead of the owner of the car. What happens now? Can the plaintiff of a case be changed?
thanks, GO Packers!

 

[HomeGuru]

What is the name of your state? Wisconsin
I was sued for a car accident and lost.

**A: if you were sued by the wrong person how is it that you lost the case?
*************

 

[Mleicht]

the driver sued for damages to the car. His wife is the owner of the car. his name is the plaintiff not his wife. therefore my money is stuck. Are you saying I could have asked the case be dismissed because of this?

 

[stephenk]

Sure, because the husband had no standing to sue for the damage to the car that he did not own. Did you have an attorney represent you? were you insured at the time of the accident?

 

[Mleicht]

No I didn't have insurance. Nor did I have an attorney. I also understand that the burden of proof is on the plaintiff to prove negligence in small claims, and don't think he did that either. But I still lost. Can the court just switch names or does marital property come into play? Or can I try to get the judgment vacated and start this all over again?

 

[I AM ALWAYS LIABLE]

Sure, because the husband had no standing to sue for the damage to the car that he did not own. Did you have an attorney represent you? were you insured at the time of the accident?

My response:

Sorry, Stephen is wrong.

If Stephen had done his homework before responding, he would have discovered that Wisconsin is a "community property" State. So, in a Community Property State, such as Wisconsin, it DOESN'T MATTER whose name is on the title of the vehicle. It belongs to both husband and wife. Therefore, husband DID HAVE "standing" to sue for the damages occasioned to, and caused by you to HIS community property owned vehicle.

All he had to do in court was testify that, "Yes, your honor, I am married to Jane, who was driving at the time of the accident."

IAAL

 

[HomeGuru]

Yes, that's the answer to my question that I was waiting for the writer to give.

 

[stephenk]

That isnt enough. If the car is titled only in wife's name, hubby doesnt have an interest in the car according to the state and for purposes of ownership unless divorce comes up. The husband cant sell the car and sign over title just because they live in a community property state.

If the wife was driving the car titled in her name only and she caused an accident, the husband cant be named in a lawsuit as an "owner" of the car. Only the wife would be the defendant.


The wrong person filed the suit.

 

[I AM ALWAYS LIABLE]

That isnt enough. If the car is titled only in wife's name, hubby doesnt have an interest in the car according to the state and for purposes of ownership unless divorce comes up. The husband cant sell the car and sign over title just because they live in a community property state.


MY RESPONSE: Stephen, since when did you start practicing Family Law? You're wrong. Property interests DO NOT merely begin only in dissolution actions. The husband has a legitimate property interest in the vehicle throughout the marriage. Sure, he can't transfer it while it's only in Wife's name, but that, in and of itself DOES NOT diminish his instant, present, property interest in the vehicle.



If the wife was driving the car titled in her name only and she caused an accident, the husband cant be named in a lawsuit as an "owner" of the car. Only the wife would be the defendant. The wrong person filed the suit.

MY RESPONSE: That's correct, insofar as third parties are concerned, and their rights against only the "titled" owner. The Husband had legal standing to protect his marital interests in the property. For example, let's say the Wife smashed up the vehicle in an accident caused by someone else - - BUT wife decides NOT to repair the vehicle, this diminishing it's value. Why should the husband suffer the loss of its diminished value all because of the Wife's decision? And, why should the Defendant be entitled to a "windfall" all because of the Wife's decision? The husband has a right to have his position protected, and his property interests placed back in the same position as he enjoyed PRIOR to the accident.

Husband DOES NOT have to wait for a dissolution of his marriage to Wife BEFORE he can claim dominion and rights over his property interests in anything purchased DURING the marriage.

To do otherwise would be preposterous.

IAAL

 

[stephenk]

Under your scenario, hubby would have to provide proof that the vehicle was purchased with community funds, was not "gifted" to the wife, was not wife's separate property to begin with, etc.

That's why legal standing would apply to the person whose name is on the title to the vehicle. Too many variables and unrelated issues to bring out if a spouse not listed as an owner of the vehicle comes forward to claim they are actually an owner under community property laws.

If both spouses want ownership of a vehicle, both can be named as owners on the title/registration.

My last case just had the same issue. one spouse driving car allegedly owned by the other. both filed suit, one for injuries the other for property damage. on day of trial found out car purchased only by hubby. wife dismissed complaint for lack of standing.