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  1. #1
    Join Date
    Aug 2015
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    1

    Default Owner's Liability For an Accident in a Car Used by an Estranged Spouse

    My question involves insurance law for the state of: Tennessee

    My wife whom I am separated from for the last 3 years (but still married) has our car. I have been living in Texas while she is still back in Tennessee with my car. The car is in my name. I tried to get the finance company to repo the car as I cannot afford the car. They said I had to have possession of the car or my wife be "willing" to give the car up before they would pick it up. She refused to give me the car or give it up.

    Fast forward...My wife was in the passenger seat of the car in my name, her boyfriend was driving the car when he got into an accident (who wasnt covered by the policy). My wife only had liability on the vehicle (even though payments are still owed). The car is sitting in storage collecting storage fees, 7K is still owed on the vehicle and then their is the accident to the other car which no one will tell me the outcome of what happened.

    I am very confused on what I am held liable for, what wrath if any I may get from all this or even where to turn for help if it is needed...so this forum is the only outlet I have at this point as I dont have money for a lawyer at this time living off low pay.

    Thank you for any help anyone can give.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Owner's Liability For an Accident in a Car Used by an Estranged Spouse

    You will likely be held liable to the lender for any money you owe on the car. You will owe the fees for towing and storage. You may have a suit against the person driving your car for the damages he caused if he was at fault. You may be able to seek repayment of the costs of towing and storage you will owe from the driver as well.

    Why you didn't maintain insurance on the vehicle (like I am fairly certain your loan contract required) is beyond me.


    You may be sued by the other driver or their insurance company simply due to the fact you own the car. Making you liable isn't based solely on the fact you owned the car but you may still have to deal with a law suit and defend yourself to avoid having a judgment entered against you. There are some situations where you could be found liable for the damages your wife cause but I wouldn't jump to that possibility until more is known about the situation.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Owner's Liability For an Accident in a Car Used by an Estranged Spouse

    Quote Quoting ultimate
    View Post
    My question involves insurance law for the state of: Tennessee

    My wife whom I am separated from for the last 3 years (but still married) has our car. I have been living in Texas while she is still back in Tennessee with my car. The car is in my name. I tried to get the finance company to repo the car as I cannot afford the car. They said I had to have possession of the car or my wife be "willing" to give the car up before they would pick it up. She refused to give me the car or give it up.
    That's baloney. All you had to do was stop making payments and the lender would have picked up the car no matter who had it or where it was. But if you continued making the payments the lender would have no incentive to pick up the car and would give you a line of bull that would convince you to keep on paying.

    Quote Quoting ultimate
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    Fast forward...My wife was in the passenger seat of the car in my name, her boyfriend was driving the car when he got into an accident (who wasn't covered by the policy).
    Yes, he was covered. He was driving with the permission of an insured. That makes him an insured even if he wasn't named on the policy.

    Quote Quoting ultimate
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    My wife only had liability on the vehicle (even though payments are still owed).
    That's unfortunate. Was you wife's boyfriend at fault or somebody else?

    Quote Quoting ultimate
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    The car is sitting in storage collecting storage fees,
    Since the car is owned by you, you will be the one that the storage company will go after for the fees so I suggest you find a way to get the car towed to a storage facility that is a lot cheaper and get the fees to date paid.

    Quote Quoting ultimate
    View Post
    7K is still owed on the vehicle and then their is the accident to the other car which no one will tell me the outcome of what happened.

    I am very confused on what I am held liable for,
    As to that I agree with JK's comments.

    Quote Quoting ultimate
    View Post
    I dont have money for a lawyer at this time living off low pay.
    Well, bankruptcy lawyers are a lot cheaper than defense lawyers.

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