QUESTION

Uninsured brother driving husbands car was in accident. Claims she hit him. Is my husband liable for damages in Washington State?

Asked on Sep 07th, 2012 on Automobile Accidents - Washington
More details to this question:
The driver of other car was 18yr old girl and her father is a police officer that came to the scene. Needless to say, judge threw out my brothers ticket for accident, citing not thorough investigation. Her insurance company is trying to get money from my husband because car was still in his name, although my brother had possession of it for over 6 months. He wants to pay, I tell him no. Should we have to pay when fault has not been established?
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1 ANSWER

More info is needed to give a specific answer to this question. For example, why was the car in the brother's possession. Was it sold or given to the brother? Was the auto insured by the husband? Generally, the owner of an auto is not responsible for an accident caused by a permissive driver. In other words, the brother would be solely responsible for an accident that was his fault. There are a couple of exceptions to this rule. One would be if the brother was know to be a bad driver. This is called "negligent entrustment". The other would be if the auto was a "family car". Family Car Doctrine requires that the car is owned, provided, or maintained by the owner as the customary conveyance of family members, and at the time of the collision, is being driven by a member of the family with the express or implied consent of the parent.  Cameron v. Downs, 32 Wn. App. 875, 650 P.2d 260 (1982). Kaynor v. Farline, 117 Wn.App 575 (2003). If the auto was insured by the husband, and the brother had permission to drive the car, the husband's insurance company would be responsible for defending the brother and paying any damages he might be responsible for. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  
Answered on Sep 08th, 2012 at 12:05 PM

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