Uninsured Motorist Fund

Subrogation by a State Uninsured Motorist Fund

Eighteen years ago, at 17, my son was involved in an auto accident while driving my car. Recently, I was denied tags due to this debt.

I was told that it could not be dismissed and that my only recourse was to pay the debt. What can I do?? Seventeen years??

Carolyn

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I can only assume you had no auto insurance at the time of this accident – otherwise the insurance company would have taken care of the damages.

Your state must have an uninsured motorist fund that reimbursed the other party for the damages your son caused. The law probably gives the state the right to subrogate its claims - to sue or otherwise collect from the uninsured car owner for whatever it paid out.

However 17 years is a very long time. The state was likely issuing you driver’s licenses, motor vehicle registrations and plates over those years.

You will have to consult a lawyer and see if the state still has a cause of action. Since you are dealing with a government agency, it could well be that they do.

You can try to argue a defense based on equitable grounds - that the state slept on its rights for 17 years and thus abandoned its case against you. Only a local lawyer will know if this will work for you or not.

Maybe you can get deal with this by leasing cars or transferring the title to your car to a relative’s name. However, you might find the state refusing to give you a driver’s license the next time it comes up for renewal.

Talk to a lawyer and see what he can do for you.

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