Legal Question in Criminal Law in California

What is the least effortless way to file a police report 5 yrs later

I purchased a 95 Dodge avenger from a dealership in Canoga park. My roommate name is the only one on the LEASE. I am the person responsible for car. I want to trade in on a new car. To do this I would have to do what? I am not speaking to my roommate. I want to know what I need to do.

Also Insurance for this car is with me. Responsibilty wise because I am the driver. Now seeing that the car is not in my name who is covered in accident? What if someone stole my car would it be covered on insurance?

please advise!

KA


Asked on 8/17/03, 12:38 am

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: What is the least effortless way to file a police report 5 yrs later

You really need to clarify your question. If the car is leased, you didn't "purchase" it. Those concepts are in conflict. If your roommate's name is on the title or lease, you cannot trade in the car without him signing the papers, or transferring his interest to you. If he is just a "straw man" and you and he have an agreement he will sign it over any time and he won't, you may have to sue him to prove it. I suggest you submit more facts.

You can e-mail me at [email protected].

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Answered on 8/17/03, 4:35 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Car lease/ownership issues

Thank you for your posting and your inquiry.

Your question is actually several questions, that don't seem to have anything to do with "least effortless way to file a police report 5 yrs later", as you wrote in your headline.

Your roomate is on the lease. You indicated that you are "the person responsible for the car". Who is on the title or registration? Whoever that is, is the only one that can trade the car in, sell it, or otherwise have the authority to sign over the car. If that person is your roommate, you must get him to sign over the car, or sue him to do so.

If the car was in an accident, insurance pays the registered owner (the person on title). If the car was stolen, the insurance company, even if it's your policy, that you paid for, still has only a duty to reimburse the registered owner.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 8/18/03, 10:08 pm
Stephen Mashney Mashney Law Offices, PC

Re: What is the least effortless way to file a police report 5 yrs later

Is it a "lease" or a financed purchase? If your roomate's name is on the title or the lease, you are stuck since no one will recognize you as a Lesee or an owener. The fact that the insurance is in your name will not solve the ownership issue. You are covered for liability by your insuarnce since you bought insurance. If the car is stolen, the insurance proceeds will go to your roommate since he or she are the Lesee or the owner. Get your roommate to transfer ownership to you.

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Answered on 8/17/03, 12:45 am


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