What is the law regarding responsibility in case of accident when an Illegal person; that has never obtained a driver’s license in the usa, has decided to drive a car on the daily basis? is this person fully responsible regarding if it as at fault or not?. Please keep in mind that the car driven is owned and insured by a different person. How about the owner of the car that intentionally has provided his name in order to register and insure the car under his name just to allow an unlicensed driver operate his car? I have encountered many contradictory answers. Can you cite a case as a reference? Thanks.
Accepting your facts as true it appears that the owner and insurer of the car knew that the person they were letting drive the car had no driver’s license. If that is true then you could have a claim of negligence entrustment against the owner of the car.
If you were injured in the crash I would contact a local personal injury attorney. For property damage, work through your insurance for now.
Licensure has no bearing on determinations all fault. However, people who ensure vehicles under their name while expecting others to drive the vehicle without a license etc. are committing a form of insurance fraud. You certainly are free to report to the police any drivers you know to be unlicensed.
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I am a iittle unsure about your fact pattern but if the unlicensed driver was not at fault - then from a personal injury case standpoiint - there is no claim against the unlicensed driver, nor by extension to the owner of the car under a theory of negligent entrustment. Now, on the issue of insurance fraud, and criminal charges - that is a separate issues, and the driver and owner have some seriuous issues if these facts are true.
Pennsylvania has specific provisions in the Vehicle Code that make it unlawful for a vehicle owner to permit an unauthorized person to drive a vehicle. See below:
75 Pa. C.S. § 1574. Permitting unauthorized person to drive.
(a) General rule. No person shall authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicle to be driven.
(b) Penalty. Any person violating the provisions of subsection (a) is guilty of a summary offense and shall be jointly and severally liable with the driver for any damages caused by the negligence of such driver in operating the vehicle.
75 Pa.C.S. § 1575. Permitting violation of title.
(a) General rule. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title.
(b) Penalty. Any person violating the provisions of subsection (a) is guilty of a summary offense and is subject to the same fine as the driver of the vehicle. If the driver is convicted under section 3735 (relating to homicide by vehicle while driving under the influence) or section 3802 (relating to driving under influence of alcohol or controlled substance), the person violating subsection (a) shall also be subject to suspension or revocation, as applicable, under sections 1532 (relating to revocation or suspension of operating privilege), 1542 (relating to revocation of habitual offender's license) and 3804(e) (relating to penalties).
(c) Indemnification. In cases where a driver of a motor vehicle is required to conduct a pretrip safety inspection pursuant to department regulations and is subsequently convicted of one or more equipment violations under this title, the owner of the vehicle shall indemnify the driver for any fines and costs paid if the specific equipment violation was listed on the driver's pretrip inspection report and acknowledged in writing by the owner.
I don't know if New Jersey has similar laws or not.
But the driver of the car is not automatically liable for an accident just because he was unlicensed. The question with regard to the accident is whether or not the driver was negligent and whether that negligence caused the vehicle crash.
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