Expert: Richard Hixenbaugh - 5/5/2011

Question
I bought a truck from my son. I have the bill of sale from 6 months ago. It is financed at the same place he had it financed at. Somehow his name on the title was never changed to mine in SC. I put insurance on the truck using the bill of sale and they looked/saw the truck. Truck was in the shop for repairs for several months so it wasn't being driven. I made the mistake of letting him drive it after getting out of the shop and he ran in the back of someone. I did not have him on the policy as a driver but he is still listed as the owner! and not me. The bank is in the process of trying to change the title now. Was it their fault it wasn't changed in the first place when I bought it from him? They won't say or was it mine. I really thought they took care of changing the title on it when I bought it from him. I know, I should have had him listed as a driver, too. Other driver has retained an attorney. Her car is totaled. Truck has pretty much no damage.

Answer
Hi Kay,

This is a mess.

It was/is your responsibility to have the title changed into your name. The bank does not do that. You must go to the DMV to have it changed, pay the title fee and get new tags as well.

This will be very difficult to unwind. You should likely consult with an attorney because I would not be suprised if the insurance company denies the claim. This would leave you and your sone personally liable to all of the damages and medical bills of the other party.

I hope this helps
Richard Hixenbaugh