What recourse do I have after my daughter’s mother had an at fault accident with no insurance?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What recourse do I have after my daughter’s mother had an at fault accident with no insurance?

I wanted to help. The car is in my name, and she was supposed to carry insurance on it, make the payments, and have it out of my name within a year. Now, I’m looking at having my license suspended because she rear ended someone. I carry insurance on my personal vehicle, but not on the one she drives. I’m sure I’m still financially responsible for anything she does in it, but do I have any recourse, other than to take the car from her? I wish it was her looking at a suspension.

Asked on December 25, 2016 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue her for any and all costs you incur due to this--including potentially the cost to pay for mass transit or taxis while you can't drive, and/or legal & court fees, as well as fines. You would sue her for her breach of contract (violating her agreement to carry insurance) and her negligence (causing you a loss due to careless driving). Unfortunately, that's all you can do: if the car was in your name, you are responsible for the actions of people whom you allow to drive it and also for failing to ensure that it is inured.
You can take the car from her, though, if it's only your name, not hers--it is your car, after all, in that case, and you don't have to let her drive it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption