If a person doesn't have insurance and is the at fault driver in a car accident who is responsible the owner of car or driver?

Asked over 1 year ago - Orlando, FL

Keep in mind the owner of the car was not in the car at the time of the accident.

Attorney answers (10)

  1. David H. Burns

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . If the accident occurred in Florida, both the driver and (if the driver had the owner's permission to drive the vehicle) the owner are liable for injury caused by the negligence of the driver.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in... more
  2. Jeffrey Robert Davis

    Contributor Level 14

    12

    Lawyers agree

    Answered . The owner of the car is responsible for the actions of the driver of their car if they gave permission to use it. The driver is also responsible-so both. Insurance does not effect responsibility.

  3. Julie S Luhrsen

    Contributor Level 14

    11

    Lawyers agree

    Answered . As Mr. Burns & Mr. Davis correctly state pursuant to the Dangerous Instrumentality doctrine, the owner is also on the hook if his permissive driver causes an accident.

  4. George Costas Andriotis

    Contributor Level 20

    9

    Lawyers agree

    Answered . In Florida both the owner and the driver are liable so long as the driver was operating the vehicle with the owner's permission.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Scott Douglas Camassar

    Contributor Level 16

    8

    Lawyers agree

    Answered . Potentially both. But there may be reasons why the driver won't be covered by the owner's insurance, in which case the injured party may need to make a claim on his/her own Uninsured Motorist coverage.

  6. Mark John Caruso

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . really depends on the law of your state. I recommend contacting a Florida attorney who can help you. There are attorneys on this link that are from Florida, and you should contact one of them.

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more
  7. Daniel Nelson Deasy

    Contributor Level 20

    6

    Lawyers agree

    Answered . The driver -- and then perhaps the owner. Each better talk to counsel about the situation.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Keep in mind that the owner of the vehicle, in Florida, has responsibility for insuring the vehicle with property damage liability insurance and other required coverages. In Florida the owner is equally responsible along with the permissive driver of the vehicle for any damages negligently caused by the permissive driver, regardless of whether or not the owner was in the vehicle or not. This is why it's important that everyone maintain adequate automobile liability insurance on their vehicles at all times.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Both.

  10. Keith Patrick Ligori

    Contributor Level 11

    2

    Lawyers agree

    Answered . In Florida the owner of the car has as much liability as the driver of the car if the driver was involved in a crash and injured someone else. It does not matter if owner was not in the car at time of the accident. Good luck.

    Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our... more

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