Who is responsible if a car gets totaled by 1 person but there’s 2 people on the lien?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is responsible if a car gets totaled by 1 person but there’s 2 people on the lien?

A and B bought a car together. Both names are on the lien Person A got into a car accident that totaled the car, person B was not involved. There was no gap insurance so there was a balance

owed on the lien and it was never taken care of. Now, Person A made some calls to try and

minimize what is owed, successfully. Person A says Person B has to help pay person A with the debt or will be taking person B to small claims court? Can person A do that even though they were the only person involved in the accident that totaled the car?

Asked on December 2, 2017 under Accident Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, A can sue B on this, because this debt does not grow out of the accident--e.g. it is not from someone suing over property damage or personal injuries--but rather from the loan/financing agreement (what you call the "lien"), which is a contract which both of them signed. Both A and B obligated themselves equally to pay the amount owed on the lien, and thereforeA can insist that B contribute to the payment and sue B, under the loan agreement, if B does not.


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