License suspended from accident now insurance company is going after previous owner?

UPDATED: Oct 1, 2022

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License suspended from accident now insurance company is going after previous owner?

About 2 months ago, I bought a vehicle from a friend. We hadn’t transferred title yet and I hadn’t gotten any insurance and had an accident. My license was already suspended from the incident by the Texas DPS but now a year and a half later theyre going after my friend. We want to write up a quick bill of sale to show that I have ownership. However, my license was already suspended from the incident? What can happen if I don’t pay the insurance company? I’ve been paying a surcharge payment every month to the state, will that help me in any way?

Asked on February 13, 2019 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is nothing you can do. You write that "we hadn't transferred title yet," so your friend was still the owner. Even if you write up a bill of sale (and note: doing one after the fact could be seen as attempted insurance fraud and expose you to liability), that won't matter: car ownership is determined by who is on the title and is transferred by transferring title. Since he was still legally the owner, your friend is legally responsible for accidents persons whom he allowed to drive (i.e. you) were in.

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