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Around 4 years back, I purchased a car for my college going son. Car title is in the name of both of us. We traded in our old car where the registration was only on my name. For the new car, the registration & plate from my old car was used. So my son is a primary driver of a car which is registered in my name. We had added him to our insurance policy. Recently he told me that he is getting much better insurance rate if he applies alone.

My concern is whether it will be legal for me to have a car registration in my name but no insurance. In case of a car accident who will be liable, him or me?

we are in NY.

pl advise.

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Pick your poison - stupidity or apathy.

DTASFAB (Aug. 20, 2016 @ 4:05p) |

What makes you think they aren't ok with it? In the same way NJ and OR voters are ok with not being able to pump their o... (more)

rufflesinc (Aug. 20, 2016 @ 4:10p) |

Why do people put up with people that post non-sense on FWF?

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The cleanest thing to do would be to get the car titled in his name only.

There is usually minimal fees to make a family-to-family title change in most states.

stanolshefski said:   The cleanest thing to do would be to get the car titled in his name only.

There is usually minimal fees to make a family-to-family title change in most states.

  THIS!

Not only cleanest thing.....it's the wisest thing to do.............he is no longer a kid....he's now a grown up man........give him his balls and let him face the reality of cars.......

It is called vicarious liability, and New York is famous for it. Rental Car companies finally got exempted in 2005, but you are not. http://www.amtinjurylaw.com/auto-accident/permissive-use-doctrin... 

http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-388...

You absolutely should not be on the title if you are not on the insurance. You could title it only to him, and, if necessary, put a lien on it if you want some control over selling the car.


Independent Insurance Agent
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Make sure the title and any financing matches his name only as well as the insurance.
Most likely your insurance rate will drop too. Talk to an insurance professional like an Independent Insurance Agent.

JW10 said:   Make sure the title and any financing matches his name only as well as the insurance.
Most likely your insurance rate will drop too. Talk to an insurance professional like an Independent Insurance Agent.
  
Actually I was thinking to have my name removed from the Title anyway. So this is not an issue and will do that. It will leave the car's title and insurance in his name but registration will still be in my name. In NY, you can not add a person to ur registration. The only way is to surrender old plates (nice, white background] by me and getting new (but ugly yellow color] by him. I just paid for the 2-year car registration. Can he drive the car still registered in my name for next 2 years and we go through this registration change at the time of renewal? In case of an accident, will I still be liable? Or shall we just pay for new plates right now?

rooms222 said:   It is called vicarious liability, and New York is famous for it. Rental Car companies finally got exempted in 2005, but you are not. http://www.amtinjurylaw.com/auto-accident/permissive-use-doctrin... 
http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-388... 
You absolutely should not be on the title if you are not on the insurance. You could title it only to him, and, if necessary, put a lien on it if you want some control over selling the car.
  

Thank you Sir for the information. Highly appreciated.

stanolshefski said:   The cleanest thing to do would be to get the car titled in his name only.

There is usually minimal fees to make a family-to-family title change in most states.

  There is no title change required as his name is already on the title.  I just have to drop my name.  

JB137 said:   
JW10 said:   Make sure the title and any financing matches his name only as well as the insurance.
Most likely your insurance rate will drop too. Talk to an insurance professional like an Independent Insurance Agent.

  
Actually I was thinking to have my name removed from the Title anyway. So this is not an issue and will do that. It will leave the car's title and insurance in his name but registration will still be in my name. In NY, you can not add a person to ur registration. The only way is to surrender old plates (nice, white background] by me and getting new (but ugly yellow color] by him. I just paid for the 2-year car registration. Can he drive the car still registered in my name for next 2 years and we go through this registration change at the time of renewal? In case of an accident, will I still be liable? Or shall we just pay for new plates right now?

  Bad news is registration in your name doesn't work. Good news is that most states will refund registration for future years -- so you won't lose the 2nd year's money.

JB137 said:   
stanolshefski said:   The cleanest thing to do would be to get the car titled in his name only.

There is usually minimal fees to make a family-to-family title change in most states.

  There is no title change required as his name is already on the title.  I just have to drop my name.  

  That's a title change.

JB137 said:   The only way is to surrender old plates (nice, white background] by me and getting new (but ugly yellow color] by him.
 

  Why are the new plates ugly? I used to live in NY as a kid in the late 60's and they used that same color scheme. Kinda nostalgic. Be glad you're not in Maryland. The main license plate almost looks like a comic page and celebrates war.

OP - You don't really "add" or "remove" names from the title (or registration).  You change the ownership.  Get down to the DMV and transfer the title and registration to his name only.  That's the only "right" way to do it.

Every state is different. I wouldn't take advice from anyone on here unless they are familiar with exactly how things are supposed to be done in New York.

JB137 said:   
JW10 said:   Make sure the title and any financing matches his name only as well as the insurance.
Most likely your insurance rate will drop too. Talk to an insurance professional like an Independent Insurance Agent.

  
Actually I was thinking to have my name removed from the Title anyway. So this is not an issue and will do that. It will leave the car's title and insurance in his name but registration will still be in my name. In NY, you can not add a person to ur registration. The only way is to surrender old plates (nice, white background] by me and getting new (but ugly yellow color] by him. I just paid for the 2-year car registration. Can he drive the car still registered in my name for next 2 years and we go through this registration change at the time of renewal? In case of an accident, will I still be liable? Or shall we just pay for new plates right now?

  I cannot say for New York.  Most states that I know of will expect the registration to match the title except any financial liens.  Talk to the insurance agent.  Most lawyers look for any and all "deep pockets" if he gets in an accident, that is YOU.
 I have a niece in college now.  Her family is in similar discussion.
I understand the attachment to a license plate.  I have a personalized one myself.  It is not worth the financial exposure.   Especially in high cost states like New York.

IANAL and this is mostly anecdotal information from my own personal experience.

In NY, the name on the title has to match the name on the registration, and the name on the registration should match the name on the insurance. Any licensed drivers living in the same residence as the owner/registrant SHOULD be listed on the policy as drivers, but if they're not, the insurance will most likely still cover any claims. It's good to have an excuse, such as, "I renewed my policy in April, but my kid didn't turn 18 until June, and then subsequently passed his road test and upgraded his permit to a license and I forgot to notify you, my fantastic and compassionate insurance provider."

By the same token, anyone else driving the vehicle with the owner's permission should be covered by the owner's policy, and possibly his or her own policy, if one exists. In laymen's terms, the owner's policy insures the vehicle, not any specific driver, although any drivers listed on the policy with a poor driving record will obviously drive up the rates.

As for plates... I hate the orange plates. I hated the blue and white plates when they came out in 2001 because the Statue of Liberty plates were the best in the history of this crappy state. But compared to the orange plates, those blue and white ones are fantastic. I would appreciate the nostaligia of the color scheme more if (1) the plates actually looked like NY plates from the 1960s-1980s, but they don't, and (2) if the colors didn't clash so much with most painted vehicle colors.

If OP wants to keep the white and blue plates, he can transfer them to any other vehicle he owns prior to changing the title on the vehicle that the plates are currently on. If he has a different car also in his name (and his name only) with orange plates, now would be the perfect time to turn in those orange plates and transfer the white plates to that vehicle. Otherwise, those white plates are toast, because the only other choices are to keep both names on the title or turn the plates in.

An interesting side note - if the owner of a vehicle dies in NY, all immediate family members are legally entitled to drive it on the decedent's in-force policy until the expiration date of either the policy or the plate registration, whichever comes first.  Ownership does not have to be transferred out of the dead person's name immediately.

Can you not gift a plate in NY?

In the states I have dealt with, especially to a child, you can usually "gift" your plate to him allowing him to register the car in his name with the same plates you wish to retain.

Similar process to using specialty plates on a leased car. Since you are not the owner of the car, you usually need to "gift" your low number / Vanity / specialty plate to the leasing company and in theory they gift it back to you at the expiry of your lease.

barbcole said:   Can you not gift a plate in NY?

In the states I have dealt with, especially to a child, you can usually "gift" your plate to him allowing him to register the car in his name with the same plates you wish to retain.

Similar process to using specialty plates on a leased car. Since you are not the owner of the car, you usually need to "gift" your low number / Vanity / specialty plate to the leasing company and in theory they gift it back to you at the expiry of your lease.

In a word, no.

Plates aren't assigned to the car in NY, they're assigned to the registrant (person).  When we sell a car, the first thing we do after collecting the money is remove the plates, then get the buyer's signature on the bill of sale, then sign over the title.  The plates then have to be turned in or transferred to another vehicle.  There's also an option to have the plates held temporarily at the DMV if you want to keep the registration active for future transfer to another vehicle, but you can't just keep them at home.  It's illegal to keep plates without an in-force insurance policy, even if you have proof that the vehicle was sold or destroyed.  When turning in plates, they'll accept just one, if you claim the other was lost.  But if you claim you lost both, you have to fill out stacks and stacks of paperwork and I think you have to file a police report, I'm not sure.

The insurance provider won't cancel your policy (or take the vehicle in question off your active policy) until they receive a copy of the receipt printed from the DMV indicating they received your plates.  If you cancel the policy prior to that, the state can suspend your license for having plates assigned to a vehicle during a time when the vehicle lacked proper insurance.  I had a car totaled when I was rear-ended and I didn't get to the DMV to turn in the plates until six days later.  I had to pay for insurance for those six days on a car that was unrecognizable and certainly undriveable.  If I had gotten at least one plate to the DMV on the same day as the damage, I would have been able to save six days' worth of insurance premiums.  As far as the state is concerned, if you have the plates in your possession, the car needs insurance, no exceptions.

There could be certain special circumstances in which a Vanity plate is allowed to be transferred within a family, but I doubt it.  What would have to happen is the plates get turned in, then there's a waiting period during which time nobody is allowed to request that specific Vanity plate again, and then after the waiting period is over, the family member (or anyone else for that matter) can request the same Vanity plate, which will then be reissued as a brand new plate (with the hideous color scheme) for a new registration.

Wonder if you can sell/auction the rights to a Vanity plate in some states.

In Nebraska, the answer is no. HOWEVER. I have been able to get some bending by being friendly with the county agent who processes the annual registration and tax payment. I have been able to move my Vanity plate between two cars I owned and was making the payments on by having her swap in the computer, the plate assignments. In each case, it was a different agent.  Both cars were being processed at the same time.
Since we have more than one car, we can set all the tax/car license due dates to the same month regardless of when a car is purchased. The adjustment is done when the new car is registered for the first time.

DTASFAB said:   
It's illegal to keep plates without an in-force insurance policy, even if you have proof that the vehicle was sold or destroyed.  


...prompting me to once again ask, why do NY voters put up with NY government?
  

taxmantoo said:   
DTASFAB said:   
It's illegal to keep plates without an in-force insurance policy, even if you have proof that the vehicle was sold or destroyed.  


...prompting me to once again ask, why do NY voters put up with NY government?
  

  Pick your poison - stupidity or apathy.

taxmantoo said:   
DTASFAB said:   
It's illegal to keep plates without an in-force insurance policy, even if you have proof that the vehicle was sold or destroyed.  


...prompting me to once again ask, why do NY voters put up with NY government?
  

  What makes you think they aren't ok with it? In the same way NJ and OR voters are ok with not being able to pump their own gas or etc tc etc

MI has only one plate. Why do voters in states with two plates put up their government? etc etc etc

Why do people put up with people that post non-sense on FWF?



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