questions & answers

Question: I was legally separated 12/7/2017 and the divorce was finalized 01/17/2019.During our separation I allowed my ex-wife to use my truck to drive our son around. She was in a car accident 06/2018 shes at fault (the truck had no insurance, we had a verbal agreement she would pay for it and she did But for afew months).Theres now a civil law suit against us for damages+. On this document its says I’m negligent or lending her my car. she says that legally I am at fault for everything because the truck is only under my name. she caused this car accidents but am I responsible since it’s my car?

Answer: Arizona law requires the legal owner of the vehicle to be responsible for keeping the vehicle insured.  If you were legally separated at the time of the accident (Is there a court order of legal separation?), and your name is the only one on the title, you are the responsible party for keeping insurance on the truck.  If your wife was negligent in her driving, she has personal liability for the accident.  Whether you negligently entrusted the truck to her depends on the facts -- her driving record, license status, etc.  You need to talk to a lawyer.  There are three programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  You will need to apply for the program and meet the financial need qualifications.  Once qualified, Modest Means will send you a list of attorneys to choose from.  Then, for a $75 fee, you will receive a one hour consultation with the attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not be more than $75 per hour.  The telephone number is (866)  637-5341.  Both Maricopa and Pima County Bar Associations have Lawyer Referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer referral Service offers a 30 minute consult with an experienced attorney for a fee of $40.  The telephone number is: (602) 257-4434.  Pima County Lawyer Referral Service offers a 30 minute consult with an experienced attorney for a fee of $35.  The telephone number is (520) 623-4625.