Who will be liable for the car accident? 33 Answers as of June 02, 2013

If an unlicensed and uninsured person was driving another person's uninsured car and got into an accident, can the owner of the car be held liable?

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Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The answer depends on who caused the accident.
Answer Applies to: Texas
Replied: 11/29/2011
West law Office
West law Office | Russell West
The owner of the car is generally liable unless you did not have permission to drive the car. If they are uninsured they can be sued in a civil matter and you could also be named in the suit.
Answer Applies to: Washington
Replied: 11/23/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
I do not believe the car owner would be liable unless they could prove that the owner was negligent in letting the other driver borrow the car. To prove this, you would have to present evidence that the owner knew the driver was a dangerous driver. The highway department might suspend the owner's drivers license until any damage claim is settled. I know they do this if you are the driver, but they may do it even if you are just the owner because you are supposed to have insurance on your car.
Answer Applies to: South Carolina
Replied: 11/23/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
There is a need for negligent entrustment to be proven. That means the person entrusted with the car was not physically nor mentally capable of driving and the owner knew this at the time of entrustment.
Answer Applies to: Virginia
Replied: 11/23/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Yes, V&T section 388. Google it.
Answer Applies to: New York
Replied: 11/23/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If the owner allowed the use he is liable along with the driver.
    Answer Applies to: North Carolina
    Replied: 11/23/2011
    Moody Jones Ingino & Morehead | Charles A. Morehead III
    Yes, In Florida, the owner is liable under the Dangerous Instrumentality doctrine.
    Answer Applies to: Florida
    Replied: 11/21/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    In Indiana, the owner of the vehicle can possibly be liable, but you would have to prove a negligent entrustment. You should seek the advice of a local personal injury attorney to be certain.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    The owner may or may not be personally liable depending on the facts of the case. However, your insurance covers the car accident. As ot he owner, it depends on whether he or she had knowledge that the person to whom the car was lent was unlicensed.
    Answer Applies to: Virginia
    Replied: 11/21/2011
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    Yes, possibly. If the owner of the car that was used was aware that the individual did not have a license, then there may be some responsibility on the part of the owner. I would contact an attorney.
    Answer Applies to: Virginia
    Replied: 11/21/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The owner of a car is responsible for any damage that car does if the owner gave the driver permission to use it.
    Answer Applies to: Florida
    Replied: 11/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes, if the owner gave the operator permission to use the car.
    Answer Applies to: New York
    Replied: 11/21/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Only if they knew the driver was unlicensed and the car uninsured. Your problem would then be trying to collect from the owner.
    Answer Applies to: Virginia
    Replied: 11/21/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yes, at least in Iowa they can be held liable. The owner can be liable because whether a person has a license or doesn't have a license isn't relevant. The issue that are relevant are knowledge and consent. Did the owner give the person consent? I noticed you danced around this issue so I'm going to assume you did give consent.
    Answer Applies to: Iowa
    Replied: 11/21/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    Yes, but there are exceptions.
    Answer Applies to: Texas
    Replied: 11/19/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, if the driver was operating the car with the owner's permission.
    Answer Applies to: New York
    Replied: 11/18/2011
    Downriver Injury and Auto Law | Michael Heilmann
    Yes, MI has a statute that holds the owner of a vehicle responsible for the actions of a driver of that vehicle. Don't drive without insurance.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    Perhaps. The owner of the car may be found liable for Negligent Entrustment meaning the owner should have known better than to let an unlicensed/uninsured person drive his/her car. Whether or not the owner is liable under a theory of negligent entrustment depends on several factors. In a case like this, it is almost always advisable to just file an uninsured motorist claim with your own insurance company.
    Answer Applies to: Utah
    Replied: 11/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, an owner is liable under permissive use.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    In Idaho the answer to that is yes, but only up to the minimum limits of insurance or the insurance the owner has. If the owner was independently negligent in entrusting the car to the driver and causing the collision, the owner might be directly responsible.
    Answer Applies to: Idaho
    Replied: 11/18/2011
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If the person your referring to caused the accident, the owner of the car is equally responsible unless the driver was not authorized and without permission to use the car.
    Answer Applies to: Connecticut
    Replied: 11/18/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    Yes, an owner of a vehicle is always potentially liable if the vehicle is involved in a collision. However, more facts as to the relationship between the owner and the driver are needed to give a firm answer in your case.
    Answer Applies to: California
    Replied: 11/18/2011
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