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Old 03-29-2013, 07:02 PM   #31
Denise W
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Check with your insurance carrier to find out if your state and your carrier allow you to add an "excluded driver" on your policy. If so, add this person and you will be protected. If he takes the car and has an accident, your carrier will legally be able to deny coverage and all claims will have to be made against him directly.

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Old 03-29-2013, 07:19 PM   #32
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Quote:
Originally Posted by Denise W View Post
Check with your insurance carrier to find out if your state and your carrier allow you to add an "excluded driver" on your policy. If so, add this person and you will be protected. If he takes the car and has an accident, your carrier will legally be able to deny coverage and all claims will have to be made against him directly.

Denise
The carrier will deny coverage but if the injured person goes to court, it will not exclude the OP's liability as owner of the car. You can't waive your own legal liability without prior agreeement with the injured party. Plus there would be no coverage for damages to the car.
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Old 03-29-2013, 08:44 PM   #33
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Originally Posted by wdwmom0f3 View Post
She s 20. The guy has his own insurance or so I am told. She also promised that he would never drive it but I don't trust that, at all. I need to cover myself and signing the car over to her is the only way I know how. She can't afford the high policy though because there was a break in coverage because I removed her when we took the car away. To keep the policy amount down she would have to be insured with us again for one year, then transfer it to her name.

She could afford liability only but that's taking a big risk.
He has insurance on HIS car. Your insurance is primary on your car. And most policies will extend coverage to your drivers on rental cars you rent.
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Old 03-29-2013, 09:00 PM   #34
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Originally Posted by wdwmom0f3 View Post
As you can see from the above post, we did that months ago. I am now to the point where I want to sign it over to her and be done with all of this and let her be on here own but she is young with very little money and big issues ahead. I am trying to help my child.

If anyone here can offer advice on insurance and not on parenting I would love to hear from you.

Thanks!
Where does your daughter live?
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Old 03-29-2013, 09:05 PM   #35
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Originally Posted by TifffanyD View Post
This named uninsured driver sounds like an excluded driver. Your insurance would NOT be liable but I am pretty sure you could be...
My thought exactly! However, I have seen claims where the exclusion was found unenforceable. So much litigation and your policy still owed.
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Old 03-29-2013, 10:16 PM   #36
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Originally Posted by tvguy View Post
May vary from state to state. However, you are insuring the car, not your child. If you are giving your child permission to drive the car, they may in turn give permission others.

While a talk with your child about not letting this person may be in order, you're going to be liable in most states if it is your car, and if your child is under 18.
I agree. If the vehicle is in your name, you can be held liable for any damages that aren't covered by insurance. If the damages are above your insurance limits, they can sue you for the difference (whether it be medical, property damage, etc.).

Honestly, I would probably sign it over to her and tell her that she was on her own (which is being pretty generous instead of selling the car altogether). As another poster said, if it's wrecked, she's out of luck. If she wants to be a grown up and make her own rules, she'll have to deal with it as a grown up.
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Old 03-29-2013, 10:20 PM   #37
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Sounds like someone will be riding the bus.
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Old 03-29-2013, 10:33 PM   #38
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Originally Posted by sonnyjane View Post
If you've been successful in keeping her from driving it so far then why give her the car? Is she trouble also or just the guy? I don't mean to intrude, I just am passionate about this stuff because my mom did my brother a great disservice by enabling him and providing him with things he did not deserve by trying to "help him". It only "helped him" use his money unwisely and not become productive.
She is a good kid who makes bad choices, always has, always with this guy too. He is the one I don't trust, never will. When I

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Originally Posted by DebbieB View Post
http://www.autoinsurancetips.com/wha...surance-policy

Again, I would contact an attorney, I would not take the word of this person in your agent's office. It may exclude him from the policy but not exclude your liability. If he kills someone with the car, they will come after you as the owner. The fact that you knew your daughter was giving him permission is not going to be good.
This is what we are thinking. As far as I know he has never driven the car, but I can't risk her ever letting him drive it. I have seen her let another guy drive it before so I wouldn't put it past her to let him. It's a risk that I'm not willing to take.

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Originally Posted by StitchesGr8Fan View Post
Hi OP, I think you are doing the right thing talking to the attorney. But it really sounds like you need to put the car in her name and make her pay for her own liability.

But you should have a discussion with her and tell her this:
1. You are putting the car in her name, and she will be responsible for her own policy.
2. The only policy she can probably afford is liability, so if she (or he) crashes the car, its gone. No more car. (This might incent her to find a way to make more money, but I don't know the whole situation so she might be at her max earning potential.)
3. If the car gets crashed, you are not paying to fix or replace it. (This does stink since you paid for the car originally, but it is the sacrifice in the situation).
4. You are doing this because he can't be trusted not to drive the car, and if the car is in your name and on your policy, you and your husband could lose everything.
5. If SHE lets him drive the car and he crashes, she could lose everything too.

It sounds like you have had some ongoing issues with her and the car. I don't think this conversation is going to make her see the light, so you can keep things as is and she won't let him drive the car. But she is 20, and should be able to handle an adult conversation about the responsibilities of a car.

Make sure you highlight that she is on her own, and when the car is gone, its gone. I get that you are trying to help your daughter out and help her get a good start to adulthood. It's hard when the kid doesn't want to help themselves.
I agree with all of this post! I think we have made our minds up to just sign it over to her and let her deal with everything on her own.

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Originally Posted by horseshowmom View Post
I agree. If the vehicle is in your name, you can be held liable for any damages that aren't covered by insurance. If the damages are above your insurance limits, they can sue you for the difference (whether it be medical, property damage, etc.).

Honestly, I would probably sign it over to her and tell her that she was on her own (which is being pretty generous instead of selling the car altogether). As another poster said, if it's wrecked, she's out of luck. If she wants to be a grown up and make her own rules, she'll have to deal with it as a grown up.
Exactly! I just talked to my husband and we are just going to sign it over to her and let it go. If something happens, it happens. There is nothing that I can do to help her here without putting us at risk and I hate it because I would love to help her but bad choices have consequences.
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Old 03-29-2013, 10:35 PM   #39
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Originally Posted by DebbieB View Post
The carrier will deny coverage but if the injured person goes to court, it will not exclude the OP's liability as owner of the car. You can't waive your own legal liability without prior agreeement with the injured party. Plus there would be no coverage for damages to the car.
This is what I was thinking. Legal liability and insurance coverage are two completely different matters. Legal liability is about defining the responsible party. Insurance coverage defines what they will and will not pay for. If he's driving the car and something should happen, you may be liable for damages regardless of insurance. It's just that if it falls under the policy, the insurance would pay based on the terms of coverage. I would research both as they apply to your state.
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Old 03-29-2013, 10:44 PM   #40
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I think it's a good choice to sign the car over to her. That way you are no longer liable. A friend of mine sold a car once and the new owner did not title the car in his name. He had a DUI and killed someone. My friend was named in the million dollar lawsuit because the car was still titled in her name.

It really freaked her out, but she was able to prove she sold the car and her name was removed. Still, it really made an impression on me that the car owner will get sued if any driver of that car has an accident and kills someone.
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Old 03-29-2013, 11:11 PM   #41
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I think it's a good choice to sign the car over to her. That way you are no longer liable. A friend of mine sold a car once and the new owner did not title the car in his name. He had a DUI and killed someone. My friend was named in the million dollar lawsuit because the car was still titled in her name.

It really freaked her out, but she was able to prove she sold the car and her name was removed. Still, it really made an impression on me that the car owner will get sued if any driver of that car has an accident and kills someone.
OMG! That is so very scary! I will make sure that this is done myself.

You know, all parents of children drivers should think about these risks and make darn sure their kids know this.
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Old 03-29-2013, 11:17 PM   #42
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I am an attorney and also hold insurance adjuster licenses in 26 states. And I am going to give you two pieces of advice. Pay attention when everyone on this thread tells you to talk to an attorney and disregard everything else that was said on this thread. Some of the information others have given is incorrect and could expose your personal assets in a law suit.

End of official legal advice.

Personal advice as a mother? If it's giving you this much agita sell the car and let her buy and insure a car when she can afford to do so. The less you have to do with her car the less likely you can be held responsible for what happens in that car.

My now-22-year-old daughter had a relatively minor accident in my car when she was 19, and we both got sued by the other driver. Not fun.

Last edited by Lorelei Lee; 03-29-2013 at 11:34 PM.
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Old 03-29-2013, 11:38 PM   #43
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Quote:
Originally Posted by Denise W
Check with your insurance carrier to find out if your state and your carrier allow you to add an "excluded driver" on your policy. If so, add this person and you will be protected. If he takes the car and has an accident, your carrier will legally be able to deny coverage and all claims will have to be made against him directly.

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Wrong, wrong, wrong. Sorry, but this is exactly what I was talking about.

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Old 03-30-2013, 12:14 AM   #44
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Wrong, wrong, wrong. Sorry, but this is exactly what I was talking about.

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That is exactly what that insurance lady told me today, but my husband said no way and you just confirmed it for me. I'm glad that he questioned it because I may have fell for it.

Thanks for your advice.
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Old 03-30-2013, 12:17 AM   #45
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The smartest move

SELL THE CAR!!!
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