Who is liable when a licensed driver allows a learner permit driver to drive their vehicle with liability insurance?

Question

While under a licensed driver's instruction, the learner permitted driver had a collision. The licensed driver has liability insurance. Who is liable?

Jeffrey Tuttle · Answer

Potentially both. It isn't a either or situation.

Charles E. Cartwright · Answer

Florida follows the dangerous instrumentality doctrine which makes the owner of the vehicle responsible for the negligence of an authorized driver. Thus, the insurance for the owner of the vehicle should respond.  In addition, if the driver is a named insured on an insurance policy, that policy should also respond.  In the event that the licensed driver in the vehicle did something negligent as well, they may also be responsible.

Gary Platt · Answer

If the permitted driver is under 18, as a minor he/she cannot  be held  liable for the accident, so the responsible party is the licensed adult  and  his/her insurance policy should cover the loss (up to policy limits, of   course).

Jared Altman · Answer

Whoever is responsible for the accident. That driver and the owner.

Kevin Habberfield · Answer

Driver and owner under V&T section 388.  Good luck.

Michael Heilmann · Answer

In Michigan an owner of a car is liable for the actions of an individual who drives the car with permission. The driver may also be liable under their own policy.

Mindy Bish · Answer

First it depends on whose fault it is.  Without knowing any of the facts of the accident this is not an easy question to answer.    If the permitted driver is a member of the licensed driver's household and was disclosed to the insurance company then the liability coverage would extend to the permitted driver.  If the permitted driver was not disclosed then the liability insurance company may not cover the permitted driver.  (This assumes that the permitted driver does not have insurance of his or her own.  If the permitted driver has his or her own insurance then that insurance company would be the responsible party)  If the permitted driver is not a member of the licensed driver's home then there the licensed driver's insurance will provide coverage unless the permitted driver was specifically excluded.

Dennis P. Mikko · Answer

The driver of a vehicle is always responsible for what happens to the vehicle.  Therefore, if a citation were issues for a moving violation, the permitted driver would get the citation.  Because the permitted driver was "legally" operating the vehicle with the licensed driver's permission, there is no offense.  Since Michigan is a no-fault auto insurance state, any damages to the vehicle would be paid by the insurance company insuring the vehicle.  If any injuries occurred to either the permitted or licensed driver, the insurance company insuring the vehicle would also pay for them if there was no other health insurance.

David Stoddard · Answer

If the learner lives in the household with the licensed driver, probably both the learner and the licensed driver are liable.  The learner is liable because his/her negligence caused the accident.  The licensed driver would probably also be liable under a law known as "The Family Purpose Doctrine". Under the family purpose doctrine, if a head of household provides a car to a household member for the use and convenience of family, the head of household is liable for the actions of the family member who is using the car.  Insurance should cover any liability for both the learner and the licensed driver, up to the policy limits.

Timothy Klisz · Answer

The owner and operator of the vehicle are both liable.  As long as the  vehicle is insured, no big deal.

Ronald A. Steinberg · Answer

The driver is liable as the negligent driver; the owner is liable under the Owners Liability Statute.  As long as the driver was driving with the permission of the owner, and within the limits of the permission, and as long as the insurance included the driver, the insurance company will pay for the damage.

Kevin Kuhn · Answer

In Illinois and most other states, insurance follows the vehicle, not the driver.  Thus, the person driving the care will be covered under the car owner's insurance policy.

John Brennan · Answer

Generally driver first and then the owner of the car driven.  It then gets a bit more complex.  See and attorney with details for a firm opinion.

Dean Esposito · Answer

Parents are responsible for the actions of their children.

Jonathan Jilek · Answer

The owner and the driver may both be liable.

Thomas Patton · Answer

When a car owner allows their car to be used by another driver (permissive driver), whether licensed or with a permit, the car owner's insurance will cover the loss. The liability is on the part of the driver, by the car owner's insurance provides insurance coverage for the driver's negligent acts.

Jeffrey Lapin · Answer

The actual driver is liable for the accident. In addition, depending on other facts, the licensed driver may also be liable, either for his or her own negligence, or vicariously, for the learner's permit driver. Vicarious liability is when a person is liable for the negligence of another person.  As to insurance coverage, the vehicle's insurance coverage is primary. If the learner's permit driver had insurance, which is doubtful, his or her insurance coverage would be secondary. The licensed driver's insurance, depending on whether he or she was negligent or through vicarious liability, would either be secondary or tertiary (3rd).  You may want to consider talking to a motor vehicle accident attorney. Most offer a free consultation so you can learn more about your rights and who might be liable.

William C. Gosnell · Answer

Both the owner and the driver.

Douglas Rothschild · Answer

The driver is generally liable. However, this driver will likely be considered a permissive user under the owners auto policy. That ins coverage should apply to your damages. You should talk to a lawyer about submitting an injury claim to the owners auto ins.

Phong Thanh Tran · Answer

The insurance company should be responsible regardless of who was driving.

Anthony Van Johnson · Answer

In answer to your question, both the driver with the permit, as well as, the owner of the vehicle could be held liable in the accident. The owner of the vehicle may have additional issues if his/her insurance company is not willing to cover the accident and ensuring damages as a result of permitting an unconvered driver to operate the vehicle at the time of the collision. Accordingly, in your scenario, I would assume that the attorney for the injured party would pursue a claim against both the permitted driver, as well as, the owner of the vehicle.

Jon F. Schmoll · Answer

Most auto policies have a provision which states that someone who is operating the vehicle with the permission of the named insured  has coverage through the car owner's policy.  You should not have to worry about there being coverage on the person with the learner's permit.

Michael Yeksavich · Answer

Liability insurance or lack thereof does not determine negligence.  The negligent person is liable and that may or may not be the learner permit  driver.  Make a claim with the liability carrier disclosing all eh facts.

C. Hopkins · Answer

1.    Insurance follows the car, for primary insurance purposes.   2.    Therefore, the carrier who insured the car should pay any valid claims for damage caused by a permissive driver.   3.    The driver's carrier (if any) should furnish the second level of coverage, if needed.  4.    The passenger's insurance should furnish the third level of coverage, if needed.

Eric Haag · Answer

The licensed driver's insurer is responsible, and if the vehicle is owned by another individual, that person's insurer would also be liable.

Matthew Kober · Answer

If the driver had insurance you might be able to use both.  Otherwise, the owner of the car's insurance would likely be available for damages.

Matthew Frisby · Answer

Typically the driver of the vehicle will be liability for any damages he/she may cause. Generally, even a driver with a learner's permit will be covered under the liability policy for the vehicle he/she is operating. It is a very rare occasion in Oklahoma for the owner of the vehicle to be liable, under a negligent entrustment theory, for the acts of the individual actually driving the owner's vehicle. The information here has been prepared for informational purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.

Paul Samakow · Answer

The licensed driver's insurer is responsible. If a lawsuit ends up being filed, the driver is the one who will be sued upon a verdict against the driver, the licensed driver's insurance will pay it.

Paul Whitfield · Answer

The person who owns the car and the policy and the person who with authorization lets someone else use it.

Stuart Nachbar · Answer

The insurance that covers the vehicle will be responsible, but any points  from the accident goes to the driver @ the time of the accident.

Ernest Lee · Answer

Friend:                  It is always the owner of the vehicle's  responsibility to have  liability insurance. It usually covers the vehicle. That is, any person residing with the owner is usually covered. However, I am not sure if it covers a learner's permit driver absent the owner specifically calling their insurance company to insure such a contingency. You should first contact your insurance company and see if they cover the learner.  If not, your license may be suspended for 6 mths.

Konstantin Gurovich · Answer

Both parties in question are liable. The registered owner for lending the car is primarily responsible as well as the learners permit driver should have been insured or the car they were driving should have been insured in accordance with California Law. If this is in another state then, the that particular state laws would apply. If you are the victim in the case who was hit and injured. You should speak with an attorney.

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