Legal Question in Civil Litigation in New York
A family friend but a truck in her name for me a year & 10 mos ago, she made up a contract that I signed stating the vehicle is mines & I will hold full responsibility for it & when the vehicle is paid off she will sign the title over to me, she went as far as to put me on as a driver on her car insurance, & I to pay my share, so far I'm never late paying her any of the payments for both car ins (every 6 mos) or truck note, unfortunately I was in a accident 2 weeks & 7 days ago (a little child came out of no where on a scooter), since then she had the vehicle, because I was to torn up to drive, however I've been trying to reterve back the vehicle & she wouldn't return my calls back, so when she finally did & we talked she told me that she was advised not to give me back the truck til she finds a way to get it out of her name, she said she would try to take out a loan so she can pay the truck off & I can but the truck in may name & I just make payments to her, however I feel that she reneged on our first initial agreement, so I wash not to have any dealing with her regarding this truck any more, now she already has 7/15/11 truck note & 6 month car insurance payment that was due in 5/11, my questions is 1) Do she have a winning case if she decides to sue me for not to have anything else to do with the vehicles & stop making payment 2) can I request for my 7/15/11 truck payment & 6 month car insurance back since she is the one who is the one who is initially reneging on the first agreement by not allowing me access to the vehicle I've been paying on
1 Answer from Attorneys
I suggest the following solution to your problem. If you both agree to sell the vehicle and pay off the balance of what is owed on the vehicle and pro-rata share of your insurance payment, you need not deal with each other any more.