Expert: Richard Hixenbaugh - 7/7/2010

Question
My husband financed a car in his name for his brother. His brother was recently involved in an accident that was his fault. He was supposed to make all payments on the car and provide the insurance. He's been at least 30 days late on every payment and his insurance was lapsed (unknown to us) at the time of the accident. He also was driving with a license suspended in the state of GA but it was valid in AZ so he says he was let off with a warning about that part. We don't know what to expect. Are we going to be sued? Will my husbands license be suspended? My brother-in-law is completely worthless and we are fully expecting him to walk away from this instead of taking responsibility. Is there any recourse for us?

Answer
Hi Julie,

It was your brother-in-law's negligence that caused the accident so only he is responsible for to pay for any damages.  If there were any injuries it is possible that a slick attorney could try to place some blame on your husband as an owner of the vehicle, but this would be very difficult.

Your husband should however, take the car away and sell it just to eliminate a reoccurance in the future.

I hope this helps
Richard Hixenbaugh