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I co-signed for someone to buy a car;can I take the car from him and make him pay to fix it because he failed to pay the insuran

Tampa, FL |

3 more years before the car is paid off. The driver I cosigned for failed to pay the insurance and could not fix the car after an accident. Because the car is in bad shape, can I ( the co-signer) take him to court to make him fix the car?

Attorney Answers 1

Posted

This really is more a question about contracts than auto insurance. If you had an agreement (written is obviously better than oral for proof reasons) that he/she would maintain auto insurance, I would think that as co-owners of the vehicle, he/she would owe you half of the value of the car just before the wreck occurred. The REAL question is collectibility - if they needed a co-signor in the first place (and then on top of that failed to pay for insurance), does this person really have the financial means or character to pay you back regardless of any judgment?

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