QUESTION
If my car was being driven uninsured and was in an accident, am I still responsible even if they are suing the driver?
Asked on Mar 05th, 2015 on Automobile Accidents - South Carolina
More details to this question:
My car was was in an accident while, uninsured. I was unaware it was being driven, but since I didn't report it being stolen, the DMV is saying I'm responsible. I need a release of financial responsibility from the insurance company, and they won't release me of responsibility, even though they are suing the guy who was driving. They want $5,000.00, but the accident report is saying it was around $300.00 worth of damage. Can I dispute this legally?
1 ANSWER
Aviation Law Attorney serving Mount Pleasant, SC
Partner at
J. Brooks Davis, Attorney at Law
2 Awards
I'm not sure I understand the situation. The not at fault driver's insurance company would ordinarily pay their client's bodili injury/property damage out of the uninsured motorist fund. They would then subrogate your insurance carrier but as you had no insurance, I don't understand who they are suing. If they are suing the driver of your vehicle personally, then that is his/her problem, not yours. If you can prove that the driver was operating your vehicle without your permission, than you may be releived of liability.
Answered on Mar 06th, 2015 at 3:01 PM