Undeserved suit brought against me

[rvidair]

Jurisdiction

Florida

I divorced my wife and gave her a car in the divorce decree. I attempted to get off the registration and title but was unable to because we still owed money on the car according to motor vehicles. And she wouldn't go to the dmv to switch over the title. She injured someone with the car and did not have the proper insurance, so the injured party and Geico are suing me for $100,000 because I was on the title then, even though not now. What's worse is that the Geico lawyers threatened that my license would be revoked for 20 years if I lost the case. And there is nothing I could have done to prevent it, as I was at the mercy of my ex-wife who did nothing. Does the divorce decree mean nothing? Will I lose my license and will bankruptcy void that? thanks

 

[army judge]

I divorced my wife and gave her a car in the divorce decree. I attempted to get off the registration and title but was unable to because we still owed money on the car according to motor vehicles. And she wouldn't go to the dmv to switch over the title. She injured someone with the car and did not have the proper insurance, so the injured party and Geico are suing me for $100,000 because I was on the title then, even though not now. What's worse is that the Geico lawyers threatened that my license would be revoked for 20 years if I lost the case. And there is nothing I could have done to prevent it, as I was at the mercy of my ex-wife who did nothing. Does the divorce decree mean nothing? Will I lose my license and will bankruptcy void that? thanks

First of all, the sad reality is that your divorce decree and your marriage is between you and her.

You are on the hook for the damages she allegedly caused.

Why?

Because you and she were co-owners of the vehicle she crashed.
Had you known that, you could have gone and snatched the car.
The smarter play would have been to incentivize her to remove your name from the title.
Usually a nominal $100 or $200 cash offer, after the deed was done is all it takes.

I suggest you retain counsel to represent you, ASAP.
If a judgment is issued against you, you can eventually sue this deadbeat you divorced.
However, your bigger problem is to try and clean up this mess she has made.
A good lawyer can take steps to try and get you removed from the lawsuit.
Ask your lawyer for more details.

Don't waste time asking more questions.
That won't solve your problem, mate.

Hiring a lawyer could help.
It can't hurt.

 

[adjusterjack]

Does the divorce decree mean nothing? Will I lose my license and will bankruptcy void that?

See:

Driver's License Suspension for Someone Else's Accident

Hmm, the link to my comments on the other site is no longer live. I wonder why that is.

Here's the whole thing:

"My question involves a driver's license issued by the State of: FL"

"I divorced my wife and gave her a car in the divorce decree. I attempted to get off the registration and title but was unable to because we still owed money on the car according to motor vehicles. And she wouldn't go to the dmv to switch over the title. She injured someone with the car and did not have the proper insurance, so the injured party and Geico are suing me for $100,000 because I was on the title then, even though not now."

If you mean that you have been named as a defendant in a lawsuit and have been served a summons and complaint then you need to hire a defense attorney right now, no matter what it takes, because an attorney is the only prayer you have for getting out from under this.

If you mean that GEICO and the injured party are only threatening you with a lawsuit, then you can tell both of them both to pound sand and hire an attorney if you ultimately get served a lawsuit.

I do not believe that Florida "dangerous instrumentality" doctrine applies to you. Read the following case decision and you should be able to understand why I think that. However, you would be wise to at least consult an attorney of your own and get some advice based on your situation.

https://scholar.google.com/scholar_c...n&as_sdt=40006

"What's worse is that the Geico lawyers threatened that my license would be revoked for 20 years if I lost the case."

That's true if a court of law rules that you are liable for the uninsured damages. See Paragraph 3 at:

Official Website Florida Department of Highway Safety and Motor Vehicles

That risk goes further to illustrate the need for an attorney if you get sued.

"Does the divorce decree mean nothing?"

It means nothing to anybody except you and your ex wife. You and she are the only two parties to your divorce. No one else is bound by. It may give you a cause of action against your wife for indemnification but good luck with that.

"Will I lose my license and will bankruptcy void that?"

If there is a judgment against you, bankruptcy would discharge the debt but I don't think the discharge of the debt would get your license back as the suspension would just be an administrative one and the refusal of the DMV to reinstate would be legal since that refusal's purpose would not be for collection of the debt. At least that's what I think. I can't exactly be sure so there's another reason for consultation with a lawyer.

Bottom line: If you've been served with a lawsuit, get an attorney. If you haven't been served with a lawsuit, you have the option of consulting an attorney for advice or just ignoring the threats until you have been served and then get an attorney.

 

[Michael Wechsler]

First of all, I wouldn't believe anything that opposing counsel tells you that might happen. Their job is to scare you witless and intimidate you into doing their bidding. Here is a Law Review article on the Florida Dangerous Instrumentality Doctrine.

FLORIDA'S DANGEROUS INSTRUMENTALITY DOCTRINE

It describes a rule that many would feel is greatly unfair. It makes persons and parties "vicariously liable" for acts committed such as injuries sustained by a victim of a car accident. If you read the law review article on the Hertz case concerning a rental car that wasn't returned, the court ruled in this early case that Hertz was not held liable for injuries sustained in a car accident as a result of the driver who failed to return the rental car to Hertz. But the comment by the court in that case was what set forth the reason for this doctrine - and you can read the rest to see how far it extends in your case.

As to liability, if you're a joint owner as @army judge states, you may be potentially liable for the entire amount of damages. Your remedy might be to sue your ex-wife for damages. I can't tell you for certain as I haven't reviewed the case at all and am not a licensed Florida attorney. Only an attorney who has given your case a complete review will be in a good position to advise you of the issues. Given the situation you are in, you are going to be best served retaining an attorney. Good luck.