Trouble in paradise!! advice needed!!!
OK let me start by saying this. I have this friend who was just trying to get herself together after making some wrong choices i her life. she has 6 kids and the father of the first three took custody of them about 2 years ago when seh had gotten herself into trouble. so now she just has 3 living with her full time. She has been doing a lot better and so when Gary and I got a new car I gave her my old car and told her she could pay me in installments over time. she couldn't affrod to get plates or isurance at the time so I told her that I would leave it all in my neame for a few.
as most of you know who were at the party last night I had to leave to go out with some friends who would have disowned me if I had not shown my face. I told them I wasn't going to stay long. my friend met me at the wallmart parking lot and we left Her/my car there at wallmart. we went to longacre to the big tent party watched the bag pippers and about 11:00 I was ready to go home. she had only had one drink at this point and it takes quite a bit to get her even tipsy so I dropped her off back at her car and I came home. well after she left me she met some other friends at another bar. long story short she got arrested last night for a DUI in Johnson county. and the car got impounded. does anyone have any suggestions as to what I should do about the car since everything is still in my name? will I be in any trouble because she was driving my car? I have never been in any kind of trouble with the law so I am unsure of what to do. I feel so rotten because I should have stayed and been her designated but I told her that I was not staying out late and she understood that. I am unsure of what all she did when I left her I just know her mom called me this morning frantic because her fiance called her mom and said Holly didn't come and was arressted. What should I do? and do you think I should feel as responsible as I do?
I would think, mind you I don't know for sure, that the DUI would only have to do with her, because she was the one actually driving. You weren't even in the car. The car will probably stay impounded though until one of you pays the fee for that. In some places if you don't do it in a certain time frame, they put the vehicle in the police auction. You might want to make sure about that.
Linda Vicory
That sucks bad man... i don't think it will be deemed your fault, but you do need to check about the impounding of the car, one of you will have to pay to get it out, and since the car is in your name I don't know if they will hold you liable or not. I know the longer you leave it in there the more that they charge you.
As far as bail... ARGH... can they get a bail bondsman? would that work for them? My motto with loaning money to people is that I don't loan it if I can't afford to never have it again. If I need it I can't loan it, and I loan it with the intention that I will never see it again. THat's the best advice I can give you, otherwise it might hurt the relationship you know what I mean?
Good Luck and GOd Bless
Jessyca
mindi
you will have to be the one to get the car out since it is in your name . you will have to show ownership and proof of insurance. as far as bail speaking only for myself i would say i am truely sorry but i can not bail you out . you knew tha**** you was doing was wrong and you are an adult. i am sure she has family that will help take care of her childern but i am a firm believer that you have to take responibility for ones self and ones actions.if her boyfriebnd is so worried let him bail her out or her family. i know that friendships are special but there is a time in life to grow up and be an adult and stop acting like we are 16 again. maybe i am hard but thats how i woudl handle it. mindi you have my number if you want to talk i am here ..
vicki
Mendi
I know this is hard but I agree with everything Vicki said plus I would go one further. That car and insurance are still in your name....This time she didnt hurt anyone but herself...however....should she do this again and hurt someone u would be held responsible too...becouse its your car....it would be your insurance and your rates would all be effected. The injuried person could also sue u...if they have medical bills past what your insurance covers or if there is a death involved in the accident.
I would get your car out of impound and then tell her until she can pay u and get it in her name that u cant risk your familys furture. If shes paying u for the car then get it out of your name...and get the insurance in her name.... You are risking your husbands and your furture if u keep that in your name and let her keep doing this. Next time it might not be so benine. I hate to see a friend ruin your furture.
You have to draw the line some where.. you have to get the car out because its in your name. like another poster i agree that she knew what she was doing, its not your fault, if you had taken her home and she decided to go out later it could have happened then. You are not responsible for her but you are for that car.
I wouldnt let her have it back till it was paid for and she could license it herself. I know its a hard situation but you have to draw the line as to how much you will stick your own neck out and take a chance of getting in trouble for her and she is still acting irresponsibly. what if she had had an accident and hurt some one.. it would have came back on you.
I wish you luck becaues i know its going to be a hard conversation to have with a best friend.
Carla
I agree with everything the previous posters have said. It is a tough road but if she is old enough to drink then she should be responsible enough to suffer the consequences if she does not drink responsibly. The car is yours take it back and don't let your financial responsibility go down the drain on someone that can't act responsibly. Sever your ties until she can act like a responsible adult. You did not force her to drink and drive. Don't make yourself sick and worry over her actions.
You have a bigger problem than your friend getting a DUI! You need to make certain she has adequate insurance and if not, determine whether you insurance will cover her as the driver. If not, you are subjecting yourself to a whole lot of liability, because if she has an accident, the people injured are comming after you!
Melynda:
I can tell you for sure that if she has an accident which is her fault and she has no insurance on the car, they will come after her and you, as the owner. If you are the one that carries the insurance you may or may not have coverage. Some policies will not hold coverage if you "sold" the car even though it is still in your name. Depending on how the policy reads you may have coverage under your auto insurance but it will ultimately affect your rates when she has an accident (fault or no fault). If you "sold" the car to her, by all means, get it out of your name and let her carry the insurance. You don't want any ties to the vehicle. It will simply come back to bite you in the butt. As far as this with the dui, you will have to get the vehicle out and they will keep charging you until it is picked up so the quicker you get it out the better. Unless she wrecked into someone or something they shouldn't come after you for anything related to the dui.
I work for an insurance company and personally my job is to pursue people/companies for payment so please, if you sold the vehicle, get it out of your name. Her mistake could end up costing you. We all understand your good intentions and I am sure she has intentions of paying you but life happens. She might mean well but I run across a "LOT" of people that got stuck from other peoples good intentions.
Best Wishes
Claudette