I gave my 17 year old son my car. The title was in my name but the registration and insurance were both in his name. He had a fender bender and is now being sued for one million dollars. I was the first to arrive at the scene and I spoke to the other driver who was perfectly fine but was shocked when I told him my son was not under my insurance. He was supposedly treated at the scene and then drove home. Two days before the statue of limitations was to expire the man filed a law suit against my son. Now my son's insurance lawyer is telling me that because I was the title holder his lawyer wants me to sign a document saying that I was the title holder and if I do the man agrees to only seek payment up to the amount my son's insurance will pay. Should I sign this? It doesn't make sense to me because according to my son's attorney said the man was a horrible witness and suffered minor supposed injury and has a history of suing people and previous back injury. I know he would have to get the courts permission to add me to the suit because of the statue. I just don't know if it's worth signing to get it over with.
1 Answer from Attorneys
You own the car. You are exposed. The insurance company's lawyer needs to guide you for you are an insured under the policy. I would retain an attorney to go over the documents to assess my exposure. It was a huge mistake to put the title under your name if everything else is in your son's name.
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