Question about a car crash without insurance

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killadoob

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So anyways the basic story is my ex is driving a car that is still in my name and i have asked her to take it for road worthy so they can change it to her name and i also canceled the insurance for march as i was paying it. Now i have asked her to get me the documents so we can get it put in her name and she can sort the insurance but i have heard nothing from her regarding the road worthy or insurance.

My question: If she does nothing regarding the insurance and smashes into someone who will they hold responsible? I am assuming the driver
 
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If I were you, I'd get the documents, and go to her, get them signed, hand them in.... done.
 
Go to a Police Station and get an affi-davit in advance explaining the situation in detail. Clearly stipulate that you can not be held financially liable for the vehicle (possible accident) as you are in the process of transferring the vehicle onto her name. Also remember to mention that she is dragging her feet during this process, and that there is nothing you can do to speed it up. Make sure you get it reviewed, stamped & signed by a commissioner of oaths. This might hold water in a court of law should something happen - however, in the strictest of the sense, as the owner of the vehicle you are still the responsible party, unless your ex is proven to be driving wrecklessly or be under the influence of substances, etc. then she will be personally liable for the incident, as insurance companies do not generally cover such instances. I hope it helps.
 
No it helps if it happens i say she took the car without my knowledge haha.

No i think what i will do is wait if nothing happens by the 24th i will take the car back and it can sit in my garage until she decides she should maybe get it done. I am not nasty by nature but i am not asking her to do anything more than she got snotty about. If it comes to it and she refuses to let me take it i will report it stolen :D

Thanx
 
You are liable for damage to someone else's vehicle if you caused it. Your property (your car) damaging someone else's property is not your problem if someone else was driving. The trick will be proving it wasn't you driving, and in a civil suit (rather than criminal) the decision goes on balance of probability rather than beyond reasonable doubt.
 
Isn't the correct procedure going to the traffic department and just taking the vehicle off your name? I believe it's the yellow form (might be mistaken).

Then she has x amount of days to get it road worthy and onto her name.

After you've handed over the keys and taken it off your name, it's not your problem anymore. If she doesn't get it onto her name within the amount of days, she's driving an unlicensed vehicle.

This afaik is the correct procedure and should be done asap after you've handed the keys over. Otherwise she can still get fines while driving the car which will be sent to you. Then the onus will be on you to prove it was her driving. Where as if you just take the car off your name, you're in the green. :)
 
Correct, just fill in the yellow form and hand it in at he traffic dept.
 
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