Legal Question in Traffic Law in Florida

auto accident

my husband recently sold his truck and did not remove the tag. the new owner was supposed to return it the next day. My husband also did not cancel our insurance on this car right away. The new owner was in accident where items flew out of the bed of the truck and damaged another vehicle. Who is responsible. We are very aware that we made several mistakes in how we handled this transaction. Not removing the tag and not canceling insurance. What are the chances this will not be claimed under our insurance?


Asked on 1/03/09, 11:31 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: auto accident

It will probably be claimed under your policy AND any other policy the new owner may have purchased, assuming he/she obtained coverage.

If you have a bill of sale reflecting the date of the transaction it will benefit you greatly, and you may even be able to cancel your insurance retroactively.

If the new owner did not obtain insurance then the suit will likely be against him/her individually. If your insurance claimed, your company should hire an attorney to represent you, and will in all likelihood deny the coverage based on the fact that you did not own the vehicle. If coverage is denied and you are sued individually, you will have to obtain your own attorney.

These answers are generalizations, and your actual situation could differ depending on additional facts which are not included here.

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Answered on 1/03/09, 3:18 pm


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