QUESTION
Who is liable in a car accident, the licensed driver or the car owner?
Asked on Feb 25th, 2013 on Automobile Accidents - New Jersey
More details to this question:
I allowed one of my son's friends, who is a licensed driver to borrow my car. He rear ended someone and was cited with careless driving. He is a licensed and insured driver under his parents insurance.
18 ANSWERS
Both are probably responsible. You should contact your insurance company, and request that they do the same.
Answered on Apr 01st, 2013 at 2:45 AM
Ronald A. Steinberg
Both are liable.
Answered on Feb 27th, 2013 at 8:59 PM
Under Indiana law, the driver is the responsible party. A parent who signed the financial responsibility form with BMV can also be held responsible.
Answered on Feb 27th, 2013 at 8:57 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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Both under Florida law.
Answered on Feb 27th, 2013 at 7:59 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The driver and the owner are both liable for a collision which is the drivers fault.
Answered on Feb 27th, 2013 at 2:15 PM
Edwin K. Niles
You are both responsible.
Answered on Feb 27th, 2013 at 2:14 PM
Monica Cecilia Castillo-Barraza
In California, insurance follows the car, not the driver, especially in a permissive user situation such as the one you describe.
Answered on Feb 27th, 2013 at 2:14 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Your friend is liable.
Answered on Feb 27th, 2013 at 2:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If the driver negligently operates a motor vehicle, he can be liable for any property damage/personal injury caused by the negligent operation. Under the Owner Liability statute, the owner of any vehicle that is permissively used can also be liable. Car insurance will cover any such liability to the extent of the coverage purchased and will respond to and defend any claims/suits.
Answered on Feb 27th, 2013 at 2:13 PM
James Eugene Hasser
Insurance follows the vehicle. Your insurance will pay and then look to his for reimbursement.
Answered on Feb 27th, 2013 at 2:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The insurance companies will sort that out and it should not be an issue for you.
Answered on Feb 27th, 2013 at 2:11 PM
Christian Joseph Menard
In a car accident, both the driver and owner are responsible for the negligent operation of the vehicle. However, by statute, the owner's liability is considered as passive and therefore liability is limited to $15,000.00. Whereas, the driver's negligence is active and therefore has no limits.
Answered on Feb 27th, 2013 at 2:10 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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The driver of the auto is liable for any damages that driver negligently causes. That does not mean that his insurance will cover the loss. Liability insurance that is on the car is usually the one indemnifying the driver for those damages.
Answered on Feb 27th, 2013 at 2:10 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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In California, both the driver and the owner of the vehicle are liable. However, owner liability is limited to $5,000 in property damages and $15,000 for the death of or personal injuries suffered by one (1) individual or $30,000 for the death of or personal injuries suffered by two (2) or more individuals.
Answered on Feb 27th, 2013 at 2:10 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Both the driver and the owner of the vehicle are each responsible.
Answered on Feb 27th, 2013 at 2:10 PM
Because your sons friend is an authorized driver, your insurance policy will cover this loss. If the damages are greater than your coverage affords, it is possible that the victim may be able to go to additional policies of your son's friend's parents.
Answered on Feb 27th, 2013 at 2:09 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Potentially both, because of an owners liability statute specific to Michigan. You should submit the matter to your insurance carrier right away.
Answered on Feb 27th, 2013 at 2:09 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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The Insurance that covers the car is primary, and if a permissible driver, other than the primary insurance, is involved, theirs is secondary. Submit the bills and claims to both to be safe, and they will settle it between themselves. This happens all the time, and if you have been served with a Summons and Complaint, PLEASE make sure to get it to both insurance companies.
Answered on Feb 27th, 2013 at 2:09 PM