[Magnum_Gauge]

I've tried looking this up and keep getting dead ends. So maybe some of you could enlighten me.

Say you were driving a relatives vehicle. You are listed as a frequent driver on their insurance policy. You get into an accident of some sort. Would the owner or the driver be responsible for any kind of lawsuit that might arise?

This is 100% hypothetical I assure you

 

[darbo]

The deepest pockets will be at the top of the list!

And be careful out there! Hypothetically speaking.

 

[rhuber]

I think Darbo is correct. Both could be. If the driver didn't have insurance on the vehicle, the insured owner would get hit. I think if you have insurance and you are driving someone else's vehicle, your insurance would get hit.

 

[jonrjen]

I guess the standard rule here would be, that if you have to ask Hypothetical Questions about doing it...DON'T DO IT!!!!!

 

[Craftsman]

YOU get sued as the driver. The insurance company would assume financial responsibility and "take over" the defense.

 

[Magnum_Gauge]

YOU get sued as the driver. The insurance company would assume financial responsibility and "take over" the defense.

So the owner would have no responsibility whatsoever? Is there a law anywhere that pertains to this? Because I agree with you I just can't find anything stating this. I find laws stating its the owners fault assuming the driver is irresponsible and what not but not anything pertaining to a competent driver.

 

[Fishinkeylargo]

They are both going to pay.

In Florida they want to see proof of insurance on the vehicle not the driver. The initial claim is made to the policy covering the vehicle. Any more these days attorneys will go after all involved to get settlements from all of them. When my daughter was in an accident driving my car, they sued my car insurance, me, and my daughter in that order.

 

[Magnum_Gauge]

They are both going to pay.

In Florida they want to see proof of insurance on the vehicle not the driver. The initial claim is made to the policy covering the vehicle. Any more these days attorneys will go after all involved to get settlements from all of them. When my daughter was in an accident driving my car, they sued my car insurance, me, and my daughter in that order.

Was she still a minor at the time?

 

[leejack]

Welcome to America! If there is any possible chance of squeezing someone for money, they will attempt it.

Frivolous or not, matters not anymore.

 

[Lmstncwby]

If you are driving someone else's car with their permission and knowledge, their insurance covers the incident but so does yours. But they will come after your insurance if you are at fault. It is the same situation with a rental car; you are covered by your own insurance even if you do not take their coverage. I was offered the use of a car for a trip one time. The guy started having second thoughts when he thought that I would not have coverage. I got my carrier on the speaker phone and they said I was covered under my own policy no matter what. We mad our trip and returned his car full serviced, washed, waxed, fueled and clean. He was very grateful and said we could use it anytime.

 

[AOCM.RET]

Call and talk to a hypothetical lawyer, they should know the answer!:icon_ poke:

 

[Fishinkeylargo]

Was she still a minor at the time?

Yes she was over 18.

 

[GhostHorse]

I would expect the correct answer to this question to vary a lot from state to state.

 

[elPescador]

The driver would be given any citations if applicable.
If you are listed as a user of the vehicle on the owners policy, that company would first be liable,
but not necessarily the owner.
If there was major money involved......and the owners policy covered a fixed amount for certain
accidents, then the prosecution will go after the driver and any insurance he/she has, and if
that does not suffice, they will go after the owners personal assets.
That being said, and maybe not in exact order, the laws vary widely from state to state.
It also would be even more screwed up if one party was from a different state than the other.
To find an exact precedence on what you are asking, it would need to be in particulars, just
to begin with. What charges, what state(s) involved, what policy limits, etc......and WHO
has the biggest law team.
I owned a transportation company for 43 years, and dealt with this more than a few times......
you can't find what you are simply looking for, because the answer does not exist,
if that makes sense?

 

[Walker56]

In the grandest fashion of tort litigation, the lawsuit would likely name EVERYONE, including the nearest next-of-kin of the person driving the truck that painted the lines on the pavement, especially if insurance companies are involved.

On the other hand, it's darned hard to convince most lawyers to take a case against someone who doesn't have any money, even if you explain to them it's on principle and you just want to make sure it doesn't happen to someone else.

 

[brotherbrian]

might also depend on who was at fault.

 

[Magnum_Gauge]

Thanks guys. I kind of figured I'd get a thousand different opinions. I was just hoping there was something on paper somewhere with something on it.

 

[elPescador]

To confuse you even more.......think of it in terms of a pile-up on the interstate,
with millions in property damage and many deaths and injuries........
people from in and out of state involved, and the cause began with the weather.

The bottom line will always be cast on any proof of who was at fault.....
and not limited to only one either.
The proof does not even need to be any other than what a good lawyer team can convince a jury of.

The end result is......your question is totally inconclusive.....

 

[leejack]

Thanks guys. I kind of figured I'd get a thousand different opinions.

In this forum, are you kidding me?

We always agree.

 

[TexasAviator]

It all depends on your state.