Financial responsibility

My finance was in a car accident and totaled a vehicle that was in my name and had no insurance. Now I owe $19,000 . Is he financially responsible for any of this? Also I traded in a car that I payed off and got a car for him in his name. My trade in was $3,500. We are no longer together anymore and I believe that I dont he should give me the $3,500 back. Is this a small claims court case? He also ran up about $10,000 on my credit cards and signed his name on the credit card slips!My name is the only name on the cards and had no idea he was using them until it was to late and he already has ruined my credit! Just wondering what my rights are and how to get my life back on track financially! thank you! - Is this your question? Add additional information
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Answers (2)

Dennis Andrew Chen

Dennis Andrew Chen Avvo Pro

Contributor Level 7
He may be financially responsible but does he have any assets for you to collect from. So you could sue him for $19,000 and possibly obtain judgment for that sum but can you collect? Regarding the $3,500 claim, the typical defense is that the sum was a gift but an attorney can probably get around that claim. If you were to go to the trouble of suing him for the other amounts then I would suggest you just include the claim for $10,000 also.
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Kennedy Legler III

Kennedy Legler III

Contributor Level 4
YES...your fiance is financially responsible BUT so are you. You are both equally responsible. However, if you end up paying the whole thing yourself without any financial support from your fiance, you can sue your fiance for half so you would sue him for approximately $9500.

NOW...if your fiance did NOT have permission to drive your vehicle and just took it and you end up paying the full amount, then the item would be considered stolen and he would be responsible for the full amount.


AS far as the $3500 goes...that was a gift and there is no way to get that back. That is a lost cause I am afraid.

Regarding the credit card... if he used them without your knowledge, and you did not know he was using them until you received your bill then you are not responsible for the $10,000 and you would tell the credit card company that your card was stolen and these were not authorized charges.

I hope this helps!
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