Car Accident Liability Transfer

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Summary

In Arizona, the registered owner is typically liable for accidents, but exceptions can be made. Factors like proof of agreement, insurance payments, and testimonies can influence the courts decision. The duration of car possession may also be considered. Consulting a local attorney in Phoenix, Arizona is advisable for personalized advice.

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I was given a car over a year ago, as the buyer I should’ve finished the process of transferring the title, if I got into an accident while it was unintentionally still in the owners name, could I voluntarily go to court and get liability transferred to me over the time I’ve had the car? Especially if the owner had no awareness over the failure to transfer the title?
Hello ****. The answer to your question largely depends on the laws of your specific jurisdiction. Could you please let me know where you're located so I can provide accurate information?
Phoenix Arizona
In Arizona, the law generally holds the registered owner liable for accidents. But exceptions can be made:
- If you have proof of agreement for the car transfer.
- If you've been insuring and maintaining the car.
- If the previous owner acknowledges the transfer.
Consider consulting an attorney for personalized advice.
So if I present that I was the sole payer of insurance before it lapsed, and that we agreed the car would be mine, and have my testimony, and a witness testimony, would that be enough here?
The evidence you mentioned could potentially help your case. However, the court's decision depends on the interpretation of the law and evidence. It's advisable to consult a lawyer in Phoenix, Arizona for personalized advice.
Would testimony from me the buyer, the witness who set up the deal, and the owner help?
Certainly. Testimony from all involved parties, particularly the original owner, can be compelling evidence. However, the final decision lies with the court, so it's advisable to seek legal advice in Phoenix, Arizona.
But you also said exceptions can be made yes?
Yes, exceptions can be made. The court may consider factors like:
- Agreement proof
- You paying for maintenance/insurance
- Testimonies
Remember, the ultimate decision lies with the court. Consulting a local Phoenix, Arizona lawyer may be beneficial.
Would the duration of time I’ve had the car also come into play here?
Yes, the duration of time you've had and used the car could be considered by the court. It could potentially strengthen your claim of ownership and responsibility. However, it's best to consult a local attorney for advice tailored to your situation.
And these kind of things have happened before?
Yes, such situations have occurred before. Courts often look at the whole picture, considering all evidence and testimonies. Each case is unique, and outcomes can vary. Consulting with a local attorney in Phoenix, Arizona would be the best course of action.