What can I do if I’m being sued for an accident that I had nothing to do with?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I’m being sued for an accident that I had nothing to do with?
I sold my car to my brother-in-law and we made a deal that I would change the car into his name as soon as he was done paying me. However, his brother used the car and got into an accident. Now the other person who was hit is demanding that I pay $5,000. This accident happened 6 months ago and I was not told until now. I’m not insured and also the person that was driving the car at the time of the accident was not insured. I have now been sent to collections and am being threatened with legal action and suspension of my license. How can I resolve this matter without paying for an accident that I was never involved in? Can I transfer this claim to the person who was involved in the accident?
Asked on October 1, 2015 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, you are liable for the accident because you are the registered owner of the vehicle since title was not transferred to your brother-in-law.
You can sue your brother-in-law and his brother the driver to recover the amount of a judgment against you.
You would file one lawsuit naming both your brother-in-law and his brother as defendants. The cause of action claim in your lawsuit against your brother-in-law would be negligent entrustment for letting his brother drive the car. The cause of action claim in your lawsuit against the brother would be negligence for causing the accident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.