When does car ownership change in NJ? With the signing of the title, removal of the plates, or at the DMV?
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When does car ownership change in NJ? With the signing of the title, removal of the plates, or at the DMV?
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I was recently involved in a car accident, I was struck while stopped at a red light. The driver of the car at fault was not the owner of the car. The company insuring the car at the time of the accident is not willing to pay for my damages because they said that the car was no longer legally their car to insure. The driver, OWNER2, supposedly had the title and it was signed but he had never taken it to the DMV and did not finalize everything until the day after the accident. The car at the time of the accident was registered to OWNER1. OWNER1's plates were still on the car and he had not canceled his insurance on the car at the time of the accident. OWNER1 is an attorney and I'm thinking he was lending OWNER2 the car and had the title transferred to OWNER2's name because he knew the guy had nothing to lose. My real question is, at exactly what point does ownership change hands? At the signing of the title or at the time the DMV processes it? I think I'm going to have to go to small claims court because I did not have collision and my uninsured motorist property damage is rather minimal.
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mistress_coleen_01
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Legally the transfer occurs when the title is signed over. However until it is registered with the state, as far as they are concerned, it is still the seller's car.
If you're in a "No-Fault" state, claim on your insurance and then let your insurance company fight it out. If not, again claim on your insurance for "Uninsured Driver Coverage" and let the insurance company sue Owner1, Owner2, and their insurance companies. |
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ravenjudge
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at the dmv, after the change is filed in the computer database. besides, his tags were still on the car and he still had it on his insurance? sound shady to me, too. maybe it's honest ignorance of the law. |
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