Legal Question in Civil Litigation in Illinois

I signed a notarized letter allowing a family member to continue making payments on a vehicle I was not using. The document was that they would provide insurance, make prompt payments and at payoff receive title. I now learn from my bank and my insurance company I could be held liable for any civil or property law suits stemming from an accident or criminal mischief. Can I repo the vehicle within my rights even if they have met their obligation thus far.


Asked on 7/08/10, 12:35 pm

4 Answers from Attorneys

Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Sorry, no. Next time consider the ramifications of what you are doing before you do it. If this concerns you now you might look into a blanket liability insurance policy.

Shell Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 7/08/10, 4:31 pm
Nima Taradji Taradji Law Offices

First, it is true that under the law you are liable if the other person fails to make the payments. Further, you may also be liable if there is a car accident damages for property or bodily injury are claimed. You would do well to get yourself insurance for that or have your family member put you on their insurance as an insured.

Your notarized paper allowing someone else to make payment means nothing in the eye of the loan holder--your signature is on the paper and that's all they need to know. If you have something from the loan company agreeing to the transfer--then you may be ok. Also, depending on the language in the paper you have signed (and which I hope your family member has signed as well accepting liability...) you may have a claim against the family member if they breach their promise--but that is only if there is such language in the paper and they have signed it.

With respect taking possession of your vehicle you have given away--it depends on the language of the paper you have signed. If you have such a right in the paper--then perhaps. if you have given that right away, then you don't.

I hope this helps-

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Answered on 7/09/10, 9:05 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Based on the facts presented, it is not likely that you can repossess the vehicle.

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Answered on 7/10/10, 4:28 am

Title by itself does not confer ownership in Illinois. As long as the driver has the car insured, you probably don't have too much to worry about. Your best option would be to have the current driver's insurance company list you as an additional insured until the vehicle is fully paid off. Then, that carrier will take care of any suit filed against you should something happen.

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Answered on 7/18/10, 2:37 pm


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