Who can sue me if Im the RO of the vehicle, but not the driver of the vehicle at the time of the collision??

Get Legal Help Today

 Secured with SHA-256 Encryption

Who can sue me if Im the RO of the vehicle, but not the driver of the vehicle at the time of the collision??

My ex-husband received the Toyota Tundra in our divorce. I made several documented attempts to meet with him and have the registration changed from my name to his. He’s had the truck for four years and had it insured. He was involved in a collision in November 2017, in which the truck was totaled. I heard from family members that he could not get the money for the truck, because he wasn’t the registered owner. Can he sue me? Or can the driver of the other vehicle sue me?

Asked on February 14, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your ex-husband cannot sue you for any money from this: if he was at-fault in the accident, he cannot profit by it (the at-fault person cannot get money for an accident he was at-fault in causing), but the only grounds to sue the owner of a vehicle is the fault of the driver--so if he was not at fault, there are not grounds to sue you (and as stated, if he was at fault, he cannot personally profit by his fault).
If he was at-fault the other driver can sue either or both (his option) of you and your ex: your ex, because the at-fault driver may be sued for being at fault; and you, because a vehicle's owner is liable or responsible when someone who is legally driving (i.e. did not steal) their car is at fault in an accident. If your ex was not at fault, you cannot be sued. (Or they could *try* to sue--but if you  were not at fault, you should win.)
If the other driver was at fault, you and/or your ex may be able to sue him.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption