I loaned a car to someone in California and I now want to transfer title to them for free. They will not sign the title transfer papers or return the car. I am concerned about my insurance liability. How can I get my name off the title? I am willing to transfer the title to charity but I don't have possession of the car.
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5It sounds like you should report the car stolen maybe?– littleadvCommented Oct 31, 2023 at 19:39
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4"They will not sign the title transfer papers or return the car" why? I would be very concerned about liability, insurance, paying for registration, etc.– D StanleyCommented Oct 31, 2023 at 20:01
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1Next time, if you're transferring a car to somebody you don't trust, both parties should show up at the DMV and do the title transfer before handing over the keys.– user71659Commented Oct 31, 2023 at 23:59
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3Contact a repossession agency and offer to sign the title over to them, and let them deal with taking physical possession???– keshlamCommented Nov 1, 2023 at 16:29
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1 Answer
Send them a formal message that they are no longer allowed to use the car. By "formal message" I mean one where you can show in a future court case that you had told it to them. Ideally this would be a written letter with recorded delivery. Alternatively record a conversation with them, in person or on the phone, where you tell them that they are no longer allowed to use the car, and that you want it back. (Obviously make sure they are aware of any recording so as to make it legal in your state). Email may also work if you can show they received it. A conversation in front of witnesses may also work.
Once they are aware that they don't have your permission any more they are no longer covered by your insurance. Insurances only cover use of a car with the permission of the owner. Unless they have separate insurance they are breaking the law by driving it (in most states). In any case you are no longer liable. You can also cancel the insurance, although this may cause trouble if they later return the car and you need to drive it. Probably best to make sure they understand their situation, so they don't injure someone in an uninsured accident.
Reporting the car stolen is a possibility if you don't mind how much trouble your (former) friend gets in. Threatening to report it stolen may also be effective.
I am not a lawyer, and you should probably run this past one before you take action.
answered Nov 2, 2023 at 16:53
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You may want to pay to have a lawyer draft that message, and to have it couriered and formally "served upon" the individual (ie, have delivery witnessed), to remove any possible argument of "I didn't know." Though my vindictive side still likes the idea of selling it to a repo agency and letting them deal with taking physical possession. ... Next time make sure all the paperwork is in order before handing over the car, of course.– keshlamCommented Nov 3, 2023 at 14:03