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More Problems

Started by socrateaser, Mar 21, 2005, 09:38:09 AM

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TPK

Soc,

Wife is currently driving a car titled in my name. The car is insured/registered (in NJ) etc in my name. Coverage extends to wife only if she's a resident of my household here in NJ. She's driving the car around in NY.

Back in late 2004 I attempted to take car off insurance. Ins. co. stated I had to turn in the plates to DMV first (NJ Law). When confronted with my demands for the plates back she refused. I offered to give her the car in exchange for the plates. I would sign over the title.

She never got a NJ driver's license. Now my Ins. Co. is demanding she get one and send proof to them. Policy is due for renewal on 5/7/05. They also want to know where the car is kept overnight.

In Jan 05 I told her I'd keep her on the policy til renewal time. After that she'd be responsible to get NY insurance. She agreed at the time. Now that renewal papers are here and the Ins. co. is demanding she get a license she's changed her tune. She told me to lie to them and tell them she still lived in NJ. I said fine but she'd have to come down and get a NJ license. She refused.

This morning I called her and informed her of the letter sent to me by Ins. co. I told her I'd bring the title up this weekend and she can get her own insurance. She agreed. Hours later she calls back and tells me that she has to OK this with her lawyer. I told her she's gonna get me kicked off my Ins. co. policy if I continue to lie to them.

She says she wants me to pay the insurance and she's got no money. I told her she's not eligible cuz she's not in my household anymore.

I am liable as the owner of that car if something happens such as an accident or even worse maybe a death resulting from her driving.

I don't want to get the boot from my Ins. co. as it's private insurance and rates are cheap. NJ is probably the most expensive state in the country for auto insurance rates.

My NY attorney suggested I pay for a 6 month policy for her in NY. That doesn't sit well with me.

1. How should I tackle this?

2. Should I contact my Ins. co. and tell them what's going on?
Ins. Co. did call last month to confirm she lived with me. I fibbed and told them she still was.

3. What about the liability of me being owner of the car?

4. Will I get nailed if I just drop her from the policy?

Ins. Co is demanding a response within 30 days of the letter they sent me on March 7th.

The car isn't even supposed to be used for commuting purposes either.

The car might be marital property but the plates are property of NJ DMV.

Here is what the Ins. Co. letter said.

"Of more immediate concern is our request for information concerning your wife, XXX. The records show that she contiunes to maintain a NY license. Therefore, we are writing at this time to ask that she contact the Motor Vehicle Commission as soon as possible to secure a NJ license and that you provide us with a copy of license immediately upon receipt. Also, please update our records by giving us copies of the registrations for all 4 cars which we insure for you, as well as confirming their overnight garage location and the exact use to which eachis being put"

"Your policy is due to be renewed on May 7. Under the circumstances, we would ask for your response to this request for information with 30 days of this letter"

TPK


socrateaser

1. What's the fair market value of the vehicle?
2. Is there an auto loan secured by the vehicle? If yes, what's the balance?

TPK

>1. What's the fair market value of the vehicle?


Trade in $7000.00...retail $8200.00


>2. Is there an auto loan secured by the vehicle? If yes,
>what's the balance?

Car is paid for, no loan.

The car was hers prior to us getting married. She paid for it. She forgot to renew her NY insurance and I took title of it and insured it here in NJ.

The car was turned over to me by her for $1.00. That is also the same price I told her I'd sell it back to her for.

I have held off contacting Ins. co. but I might have no choice cuz renewal is due soon. As you know we're between venues so I'm not court ordered to pay anything for her.....yet.

What say you sir?

TPK

socrateaser

Sign the title and send it to her. Then notify NJ DMV that you have transferred the vehicle. Take the car off your policy.

The End.

rainbow1

Send the title certified mail, tell her she has 5 business days to put the title in her name or you will report it stolen.

TPK

I intend to send it delivery confirmation as certified mail to wife has always been returned. The bigger issue are the plates. DMV told me to file for "lost plates" and then wife would be driving around with bad plates and she'd get nailed for it and not me.

I gave her the easy out, she wants to play hardball so I'm game.

TPK

TPK

Soc,

I called the NY Police Dept  where the car is. I told them the problem. They said they'd escort me over there to get the plates.

1. If I take the plates and in effect leave her with a car she couldn't drive would that make me look bad in court?

" Your honor, the defendant took the plates and left me without a car for an emergency situation"(with regard to child)

She's still living with sister and that deadbeat Bro-in-law of mine. They have at least 4 cars.

2. Can she use the excuse that she doesn't have a car to drive to bring daughter to drop off spot and not show up??

I'd love to go over there and snatch the plates with Cops in tow, that would really get her goat. I just don't want to cause myself any problems though.

I know this seems like a petty issue, but I want this done and she's resisting any discussion about it now.

TPK

socrateaser

Can you arrange in advance with law enforcement as to the time and date when you will retrieve the plates? If so, then send a letter telling your wife that you will do so in 5 days, and she better get a temp permit from NY DMV.



TPK

>Can you arrange in advance with law enforcement as to the
>time and date when you will retrieve the plates? If so, then
>send a letter telling your wife that you will do so in 5 days,
>and she better get a temp permit from NY DMV.
>
>
>


Police told me to come to station when I'm ready, I don't believe I can make an appointment with them.

In a previous post you suggested signing title and sending it to her. Cops told me I would need the original title in hand in order to get the plates. I can't show up with a copy of the signed title and get the plates.

DMV told me I could file for lost plates. I told wife yesterday I intended to do this.

1. Should I sign title and send it to her or to her lawyer's office?

Certified mail to her lawyer will be accepted, but if I sent to wife she'd refuse it as she has done in the past.

What say you sir?

TPK

socrateaser

>1. Should I sign title and send it to her or to her lawyer's
>office?

Sure, send to lawyer. Just make sure you're not cutting off your nose to spite your face. At this moment you have title to a car worth $7K. That will pay for a lot of insurance, if you can get some part of that value in the final award of property. I know you want to resolve this issue, but remember, in the end, it's all about the money, and who gets more of it.