Expert: Jack Toomey - 9/12/2007

Question
QUESTION: My ex-husband was in a car accident 4 years ago. I just found out however that my name is listed on the accident report as being the driver of the vehicle at the time of the accident.  How is that possible and what legal rights do I have?  I don't want to be penalized for an accident I had nothing to do with.  Thank you.

ANSWER: Terri,

   If nothing has happened in four years then I doubt if anything will happen.  When I say "nothing" I am talking about a rise in insurance rates, traffic charges, being sued by the other party, etc.  It could be that the officer mistakenly entered your name as the driver if you are the owner of the car.  I am just speculating here.

  Have you called the officer?  Have you visited the police station and discussed the matter with someone in authority?  If you are concerned about this then my advice would be to do those things.

---------- FOLLOW-UP ----------

QUESTION: But I wasn't the owner of the car and we weren't even on the same policy.  

I'm more mad than anything else.  I haven't talked to anyone yet since I just found out yesterday.  I was thinking of speaking with a lawyer since I honestly don't even remember what town his accident was in.  Is it worth pursuing or do you feel it would be better to just drop it since it's been so long?

Thank you again.

Answer
   I am not sure what a lawyer is going to do for you besides take your money.  As I said before if you have suffered no financial penalties since the accident then what can a lawyer do?  Obviously you must have seen the accident report or someone has seen it.  Look at the report and see where the accident happened, look somewhere on the report and see what police department handled the case, and call the officer.
 
   Another idea would be to simply ask your husband where the accident happened.