Q: Am I responsible for car accident damages if insurance lapsed without my knowledge?
I was driving a vehicle that was gifted to me, but it is in my ex’s name. I recently got into a fender bender and found out that the insurance coverage for the car was removed a year ago without my knowledge. The car was purchased for me in February 2023, and my ex had been paying for the insurance. I have messages from him stating he would continue paying for the insurance even after we broke up. The accident was reported to the insurance company but not to the police, and the repair cost for the other party's vehicle is $5,888.98, which includes their $500 deductible. Am I still responsible for paying for the damages to the other vehicle?
A: If it’s in your ex’s name, it might be his car. However, you were driving. You had an accident. It’s your responsibility. It’s also your ex’s responsibility as the apparent vehicle owner who let you drive the car with his permission.
A:
It’s a difficult situation to find out after an accident that the car you were driving wasn’t insured. Even if your ex promised to keep the insurance active, the responsibility for damages often falls on the driver at the time of the accident, especially in states like California, which require all vehicles on the road to have active liability insurance. Since the policy had lapsed and you were behind the wheel, you could be personally liable for the other party’s damages, even if you weren’t at fault.
The fact that the vehicle is in your ex’s name complicates things, but it doesn’t automatically remove your responsibility. If you were a permissive driver or the intended user of the vehicle, and especially if you lived with the understanding that it was yours to use, the law may view you as responsible for maintaining coverage. The messages from your ex could help demonstrate that you weren’t willfully negligent, but they may not shield you from a civil claim.
To protect yourself, you should gather all documentation—texts, ownership records, and any communication with the insurance company. If the other party or their insurer demands payment, you could try to negotiate a settlement or request a payment plan. You might also have grounds to bring a claim against your ex for failing to maintain the insurance as promised. It’s unfair, but right now the law looks at who was operating the vehicle without coverage, and that puts you in a tough spot.
A:
Since you were driving a car that was in your ex’s name, the responsibility for insurance coverage could be a gray area, especially since you didn’t know the insurance had lapsed. If the insurance was in your ex's name and you were relying on their promise to keep it active, you might have a claim against them for not following through on that commitment. However, since the car’s insurance was not active at the time of the accident, you could still be personally liable for the damages caused in the accident.
In most states, driving without valid insurance is a violation of the law, and the party at fault in an accident is usually responsible for paying for damages. Since the other party’s vehicle repair costs are \$5,888.98, you may need to cover those costs unless your ex is willing to take responsibility for the lapse in insurance. The messages you have from your ex could be useful in a dispute over who is financially responsible for the damages.
You should contact your own insurance company to discuss the situation and whether there are any options for coverage through your personal insurance or if you can take legal action against your ex. If no other coverage is available, you might have to pay the damages out of pocket. It might also help to consult with a lawyer who can help you determine the best way to move forward and protect your interests in this case.
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