Legal Question in Civil Litigation in Ohio
I cosigner for a car 3 years ago. My name is not on the title at this time. Last month, the cosigner advised she could no longer make the payments or my credit a priority any longer. She advised me to get the car. She said it hasn't been driven in over 8 months and it needed towed. When we arrived at the vehicle, the drivers side window was shattered, the car wouldn't even go into neutral because it's a hybrid. The vehicle is trashed. We have spent over $300 already to get it running and completely cleaned the vehicle with more needed. We had the codes read to find out the hybrid battery needs replaced. At this point the repairs are approaching a greater amount than we could even sell the vehicle for. She has agreed to transfer the title into my name. Do we have any legal rights to sue for damages or require her to file an insurance claim for all of the damages caused?
1 Answer from Attorneys
Yes, you certainly can explore whether or not to sue her for damages and see if her insurer, if she has one, steps in to defend. However, I'd be wary of embarking on a journey that may only end in no coverage and a bankruptcy notice. If she can't make payments on the car, then she may be insolvent or at least judgment-proof.