Being sued for an accident that's not my fault.

[l.crockett]

A major auto parts chain is suing me for an accident that I had nothing to do with. The car involved was a car that I no longer own, and haven't owned since October, 2003. My ex-wife kept the car after we divorced in early 2004. The accident happened on February 15 or 16 (somewhere in there), 2006. I was served a subpoena on Feb. 29, 2008.

1. How can I quickly clear my name?

2. What about the statute of limitations? Hasn't it passed?

 

[ecmst12]

We have no idea what the SOL is because YOU DIDN'T POST YOUR STATE.

Even if it has expired, you can still be sued. It's a defense to be raised in court, not a prevention of suit.

You will need to go to court and defend yourself. If this is a civil court (not small claims) suit, I would advise a lawyer. Your name must still be on the title; you should have gotten that taken care of when you relinquished ownership of the car. You will have to provide proof that she was the sole owner of the car and you had no access.

 

[l.crockett]

Re: Being sued_L.crockett

I Live in Texas. She took the car one night and never came back. I was without a ride. I was advised to fill out a TxDot form VTR-346, but that still doesn't completely release me from responsibility of the car. She should have taken some initiative to put the car in her own name. Besides that, one has 30 days "after the sale of the car to transfer the title". I didn't sell the car to her. She took it. That's where things get complicated. I couldn't find her if I wanted to. Even if I did, she's very difficult to work with. She's almost impossible. I haven't seen her since the divorce proceedings in April, 2004, when she was still in possession of the car.

I was told the SOL is two years. I was told that after that, they have no recourse. That's just what I was told.

L. Crockett

 

[ecmst12]

You (or your lawyer) can feel free to bring up the SOL at the hearing. I would concentrate more though, on the fact that you were not in posession of the car and had nothing to do with it and filled out the proper forms to turn ownership over to your ex, years before the accident happened.

 

[Zigner]

The case was probably filed within the SOL - you may have been served AFTER, but that's not what counts.