What to do if mx-wife never removed my name from car title and she was in an accident?

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What to do if mx-wife never removed my name from car title and she was in an accident?

I just found out about the title issue and I don’t know at this point who was at fault. According to our divorce decree she was responsible for payments for this car after the divorce was final. This was over 7 years ago. Am I legally liable for this accident if she is found negligent? If so, can I in turn sue her for damages?

Asked on April 12, 2011 under Accident Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Who insured the car?  You as the owner will likely be sued in the event that the accident was her fault and there is an action against her.  In some states an owner is known to be vicariously liable for the driver of a vehicle.  You are also correct regarding the issue with the divorce decree.  If you are sued (and if you are you will be sued by the plaintiff in the primary action) then you will have to bring a third party action as against your ex wife for defense on the suit and indemnification.  I might alert your insurance carrier about this matter asap.  They will probably disclaim coverage but do it anyway. They may defend you in the suit at least.  You may want to speak with an attorney here.  Good luck.


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