mry

My AH has a suspended license for another year. He says he has work driving privileges. I don't know if that is true, I've never seen the paperwork. He totaled his car when he got his DUI and has been driving his father's car. He has been looking for a new car for several weeks and I ignored the search because I do not intend to register his car although I can't stop him from buying one. He said his father agreed to register the car.

On Friday, I mentioned that I would need a new car in the next year as mine has 115miles on it. He decided that he should take my old car and get me a new car. While I'd love a new car, this plan doesn't make sense. I drive a minivan to and from school pickup and errands. He has a long commute - or did when he lived with us. He currently lives with his father. We will eventually have to replace both cars and it makes more sense for him to get a car with good gas mileage and one that is small. He will run a minivan to the ground faster than I will and so giving him the minivan means we will be buying 2 cars that much sooner.

He is focused on getting me a new car - pushy about it and angry if I don't agree that it's a good plan. He is really trying to manipulate me into this. Last night he called after 10:30, nagged my oldest about when he could come back, told my second son that he was infuriating, and hassled me about the car again. He had gotten back from an AA meeting and I wondered if he had been drinking. That was his pattern at home - drink on the way home.

Can the car switch get me into any legal trouble? The title is still in his name - he refused to turn it over to me. Who is legally responsible if he has an accident?

Seren

I don't know anything about the laws in your area, but I think perhaps you would be OK as long as your name is NOT on either vehicle.

Hopefully someone with more experience will be along soon!

dollydo

If the car is registered in his name, then it is his car. Who's name is on the insurance policy? That is the kicker. And, when married both become jointly responsible for debt incurred after the marriage, so if he were to be sued, all and assets could be subject to attachment.

As for what to do, any vehicle in the future would be put in my name only and I would be the sole insurance holder, (he can get his own insurance for the other vehicle) that you would afford you some protection as many insurance companies will drop a policy holder(s) if a DWI or DUI are given. His license? If revoked, he would require a court order to have permission to drive, county records are public, do a search on line, it should tell you all you need to know.

Just my thoughts. Good Luck!

mry

my name is on the insurance policy for the minivan and he is excluded as a driver. He pays the insurance on his father's car. He told me that he had a court order granting permission to drive to/from work but I've never seen any paperwork.

I know that I would be jointly responsible in a lawsuit. I used to have an umbrella policy, but the insurance company dropped it and me from the car insurance after this last DUI. I had to get car insurance from another company.

I just don't really understand why he is pushing so hard for this arrangement. It makes me feel manipulated so I'm trying to be smart about it.

fourmaggie

call your insurance company to NOT have his name on YOUR policy, thats all...

let him do what he wants...ON HIS OWN....
if something happens, your NOT RESPONSIBILE
ooh and your vehicle is that, YOURS!!

dollydo

Cause he does not have a valid restricted driver license, thus he cannot get insurance on the new vehicle? He may have been paying the insurance on his fathers policy, but, not been on the policy.

Honestly, I would do nothing right now, what is the rush? If you need a new car next year, then address it then. Trust your gut, he is up to something and it isn't good.

Pelican

I lost my SUV in my divorce because my ex purchased it and did the paperwork in his name alone. By paperwork, I mean the loan on the vehicle. It was a vehicle I had wanted for some time, and it was a replacement for my vehicle that was in my name, was paid for, and had been totalled by him (in a non alcohol related incident).

Later, he decided he *needed* a better car for himself that got good gas mileage for his new job. He sweetly asked if we (children and I) wanted to go with him to view this car that was located in the next major city. We could all go out to eat while in the big city. I agreed to the plan.

I should tell you this: my ex works in the automobile industry. He has for 20 years. He had been,up until that point, working the length of our marriage in management at a various car dealerships.

So we leave for the big city to car shop, and my kids and I are looking forward to dinner at our favorite chain restaurant. He decided to purchase the car, and asked my opinion; I told him it would be his car, if it was what he wanted to drive, and he could afford the payments (another car loan) ~ go for it.

Kids and I continue to wait while paperwork is being secured. Then my husband came to get me and asked me to join him in the managers office. There, I was told that my signature would be needed on the loan. I was dumbfounded. No one mentioned my signing HIS loan. He told me it was so he could get a better rate on his interest. Two men standing there showing me where to sign.

I didn't know I had a choice, and couldn't find my voice. I co-signed on his loan.

That job he needed this car for ~ never panned out.

Later, I filed for divorce. Guess which vehicle I walked away with? The car that had my name on the loan. He kept my SUV which was in his name only. I moved away with two teenagers and a 75 pound dog in a compact four door sedan. No more bike trips, no more throwing gear into the back, groceries go in the trunk no matter how hot it is outside. Dog has to ride on backseat ~ meaning hair was constantly an issue for back seat passengers.....

but on the positive side, soon after our divorce the market for SUV's tanked when gas went to $4 a gallon. The SUV he ended up with wasn't worth the amount he owed. I felt my HP was looking out for me as the little 4 door I ended up with got great gas mileage and I was paying ahead on the loan so the car was worth more than I still owed. That helped when I traded it in to get a vehicle in my name only.

I say all that to let you know this: Loans, registrations, and insurance policies are all considerations in buying vehicles with alcoholics.

mry

dollydo, I've seen the insurance policy on his father's car - my AH is listed as the driver.

Pelican, the new car would be purchased outright, the registration in my name, and the insurance excluding him as a driver.

He says that when he gets a new car that he will put in a breathalyzer - he had asked the court for permission to drive the kids and this was the court response. It seems like a gift to me and the kids, right? He hasn't looked out for us in so long that I'm very suspicious.

velma929

I think when my dad got out of prison for his DWI, their auto insurance rate went up. Even though he could no longer drive, just living in her household increased the rate.

mry

Yes, this is true unless you exclude the driver from your policy. Otherwise, it would have doubled my rate.

If no one can see a reason not to do this, I'm not going to look a gift horse in the mouth. It's rather nice to spend money on myself after all the money my AH has spent on fines, court costs, lawyers, totaled car, etc.

Scott6433

Hey Mry. I am actually an insurance agent here in NY so i can at least give you the basics for this state which I understand runs fairly concurrent with most others. As far as ownership is concerned this is determined by the title holder and the title holder alone. As far as who registers the vehicle this presents a separate issue. Should the insurance company become aware that he is operating any vehicles in your household you will be held accountable and not only would he be automatically added to your policy but the policy may be dropped all together providing it is with a standard carrier. Insurance companies are quite good at obtaining information like this on their own while looking for undisclosed or younger operators as well as other forms of rate evasion. The police don't seem to care for this sort of thing either. I hate to say it but you may want to steer clear from it to protect yourself. Not only am I an insurance agent but sadly I myself just got my 2nd dwi. Please let me know if you have any questions on either end.

mry

Scott, I understand the exclusion policy and do not intend to break it. I'm not sure what gave you the impression that I would allow him to drive my car as an excluded driver? He does not drive my car ever. He doesn't even live with us. If we buy the new car, he will have to transfer his insurance policy to the old minivan and I would continue to exclude him from the new car. I do not intend to do anything that will put me and our kids at risk.

Scott6433

Hey Mry, I wasn't suggesting that you were at all. Again, I'm not sure what state you are in nor what company you have. I do know at least in NY with most if not all companies that you are unable to exclude a driver now. Pending those factors you may very well be all set. I was just trying to help on either end re: his possible hardship driving privilege as well.

Pelican

Scott is correct. I learned in my recent move that the insurance companies will research everyone licensed at your address. They will add him to your policy because his license shows the same address.

I don't know when they started this, but it happened to me with my teenage driver. We are not obligated to list her on the policy until she gets her driver's license. The new insurance company found her permit info after a search and added her to my policy. I canceled the policy. They agreed that she is still legally a permissive driver and does not have to be added while under her permit license, but their business policy was to add her anyway.

The insurance company then added MY daughter to my partner's auto insurance policy. He is not her father or step-father. We are NOT married! Because we share our residence, they added her to his policy.

He canceled his policy too.

Since you are legally married, I recommend you consult with your insurance agent and an attorney to be sure it doesn't come back to haunt you later.

mry

Scott, I understand. I was able to exclude him by having him sign the exclusion paperwork. I do appreciate your concern - I learned a lot about insurance when my old company dropped me after his DUI. Sorry I was overly sensitive!

Pelican

Well done!

choublak

It's not true, I bet.

mry

I wouldn't take that bet.

sugarbear1

If you don't want any responsibility, either check your area of residence for the true laws or just keep your name off of the papers.

I wish you well.

Love & hugs,

lillamy

If you lose your license, you lose your license. If you want to verify, call your local PD, but see, there are consequences to driving drunk. I don't know any state in the US that makes exceptions and lets you keep your license for those instances when you need it...