Legal Question in Personal Injury in Texas
I am currently making timely payments on a car. The insurance is in my name, however the loan is in my now ex-boyfriend's name. He is concerned for his liability in the event I am in an accident. I am a completely honest person and if I am at fault, I will admit it.
I called progressive (my insurance) and this is what they told me: If an accident were to happen, since the insurance is in my name, as long as I continue making my insurance payments and continue making the loan payments, I am responsible. The only liability he may have is when those payments stop being made. If an accident occurs, since the insurance is in my name then all claims will be processed with my information. In the event of a lawsuit (which would only occur when I don't take responsibility?) the liability would be based on the specific situation.
What is his liability, even if I take responsibility?
He is named as the owner on the registration, but anything mailed is sent to my name and address, and the title is held by the lienholder (credit union). He is named only as an interest on the insurance policy, not a driver.
Also... How binding would a contract between him and I be should we sign something that states that I accept total responsibility for anything that happens with the car?
1 Answer from Attorneys
The only way he could ever be liable for YOUR conduct (negligence) is under a theory of negligent entrustment - he knew you were drunk, and he handed you the keys to his car. Otherwise, you are responsible for your own negligence (period). Nobody's going to care whose name the title is in.
You can sign some kind of waiver or hold-harmless agreement with him, and it will be binding between the two of you, but it wouldn't prevent a third party from suing him.
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