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    Need opinions/help (car accident)

    Let me break it down as best as I can.

    1. Sold older vehicle to my daughter whom is NOT licensed
    2. Bill of Sale states that and that the licensed driver will be her fiance who is. Never knew to release my responsibility of car sale on the DPS website
    3. They let their insurance lapse and had a multi-vehicle accident with 3 other cars
    4. They never came and got the Title to transfer to my daughter's name
    5. I sent the Bill of Sale to the insurance companies (Farmers, State Farm, and USAA)
    6. Two of the three have passed the amount off to collections
    7. I have made an arrangement to pay the big one and have put $1000 towards the bill over the last 4 months
    8. The second one came in the mail today and I called and made arrangements with them.
    9. The wording in both letters state that they can come after my license and my registration of my vehicles as I was the "owner" of the vehicle
    10. I went to the police today to have my license ran to be sure I was not suspended. They stated that the State does not care about "this situation" and that it is a civil matter if anything and they CANNOT go after my license or registration blockage.

    I will be calling a lawyer soon (as I work nights). Has anyone ever gone through this or have any ideas?

    The fiance has gotten their license suspended, but I do not know why until I am allowed to read that letter if they still have it (will check tomorrow). I want to make sure it wasn't for failure to pay.

    Any comments or suggestion will be greatly appreciated. Even names of traffic lawyers in the FTW are that will speak to me as a consultation.

    #2
    You were remiss. You knew full well that the title and registration was still in your name because you did not hand it over to the buyer. At the very minimum, you must fill out and give the buyer a 130-U form for them to take to the registration office. Without the two pieces of paper, the sale didn't happen. The safe way to do things is to accompany the buyer to the tax office and complete the paperwork there. I once sold a car, filled out the paperwork and signed and even notarized the bill of sale, handed the paperwork to the buyer, and forgot about it. Nearly a year later I got notice from a municipal court in Midland that my vehicle had unpaid tickets. Luckily, I had photocopies of the paperwork that I could send them showing that I had sold the car.

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      #3
      What a mess. Good luck

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        #4
        What a headache

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          #5
          This sounds like a nightmare. I sold one of my nephews a car years ago. After two years he only paid me $200 for the car, kept driving it around with it in my name, using toll roads daily. I was getting lots of letters about being late on toll road fees. I was on his case for a long time to transfer the title into his name. But he refused. He kept telling that his pot head buddies told him not to do so. If he did, then if he got in a wreck the other people involved in the wreck would come after him. So don't transfer the title. He was young and clueless, listened to his buddies over me. I kept trying to point out, that if he got into a wreck and it was his fault, the people he hit were going to come after me and sue me. Then I was going to go find him and kick his rear, repeatedly.

          I finally had to make it clear I was going to Houston to get the car back and kick his rear, if he did not get the car in his name and pay the toll bills quickly. He eventually did so. Knowing he is in Houston, people love to sue in Houston, I was getting very irate with him, not transferring the title, into his name and he took care of the toll bills.

          What your are dealing with, was one of my worst night mares for many months, knowing he was driving that car around Houston, with it in my name.

          You definitely need a lawyer. If any of the other parties involve hire a lawyer, the lawyer or lawyers, will likely look into who you are and what you own. By being a good guy and paying the money you are, will likely make the others involved wonder how deep your pockets are and, they may try to find out how deep your pockets are. If you did the usual of not paying a dime, they would most likely assume you don't have any money and likely not sue you. But you paying the money you are, I would not be surprised if, someone does not try to sue you, to see how much they can get.

          I hope the best for you, this is bad and could get a good bit worse. Hopefully not.

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            #6
            Having failed to report the vehicle sold and hanging onto the title does not bode well in your favor, but having the insurance come at you and bullying you into some kind of agreement is dirty tactics on their part much akin to agreeing to a settlement. I hate to say but if you've agreed and already started to pay you may have put yourself in even more of a bind than the original situation and you should seriously consider hiring some representation. I've never heard of them going after your license, I don't see the legal bounds they have, but they are going to harass you. If you got a ticket for uninsured motorist during the wreck that's different, but it sounds like your name has nothing to do with the accident.

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              #7
              He is probably suspended for not having insurance.

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                #8
                My opinion - this is a liability issue and not a car ownership issue. It's on them.

                The ownership issue is separate and the letters you got are grasping for straws.

                but I'm not an attorney and I highly recommend you get one.

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                  #9
                  Update: After talking to the police and confirming with a lawyer, this isn't my problem. The Bill of Sale saves me. I contacted all of the subrogation departments yesterday morning and had all my info stripped from this accident. Also had the payment plans revoked and my CC info stripped off their system. They were not happy about it, but as soon as I mentioned "lawyer", their attitudes did a 180 and it was "Yes sir" this and "No sir" that. So I should have no more issues out of this on my level. My daughter and her fiance, that's a different story...

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                    #10
                    Originally posted by Terran28 View Post
                    Update: After talking to the police and confirming with a lawyer, this isn't my problem. The Bill of Sale saves me. I contacted all of the subrogation departments yesterday morning and had all my info stripped from this accident. Also had the payment plans revoked and my CC info stripped off their system. They were not happy about it, but as soon as I mentioned "lawyer", their attitudes did a 180 and it was "Yes sir" this and "No sir" that. So I should have no more issues out of this on my level. My daughter and her fiance, that's a different story...
                    good


                    holding you accountable for anything regarding the accident would be about like charging you with a crime after selling a gun.

                    I HATE INSURANCE companies. Even the ones I give money too.

                    Legal organized crime the whole mess of them

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                      #11
                      Glad to hear it turned out okay for you OP. Hopefully lessoned learned so that if you sell another vehicle or boat you will make sure and have those forms on hand or meet the buyer at the Tax office.

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                        #12
                        Biggest issue with all this is your name is still on the title. People with no money have nothing to loose while you have everything to loose. I just assume everyone is a liability and get the name off the paperwork before the vehicle leaves my sight.

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                          #13
                          Glad it's getting cleared up for you. I hate that it takes talking to lawyer to get it done. What exactly where those insurance companies trying to get you to pay?? Medical bills or vehicle damage/repair??

                          Just curious, did you reach out to your dauther and tell her to clean up this mess she and her fiancé created??

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                            #14
                            My mother inlaw was sued for a significant amt of money because her 18 yo daughter was in an accident and a passenger (not related) was hurt. the car is in MIL name. Her insurance company is handling the situation so far, but the lawsuit is for significantly more than policy limits. Make sure cars that kids drive are not in your names

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                              #15
                              My dad traded a van in to a big Chevy dealership in the Dallas area about 15 years ago. A few months later he started getting parking tickets in the mail. The dealership never filled out the paperwork to transfer the title!!

                              So now, regardless of who we sell vehicles to, we remove the license plates. This forces them to get it registered in their name.

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