Skip to main content

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?

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. 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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. 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 any specific case.


  3. 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.


  4. 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.


  5. 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.


  6. 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. Please call us at 505-883-5000 for a FREE CONSULTATION with an attorney. We look forward to discussing your case in more detail.


  7. 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.


  8. 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. 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 homepage at www.LigoriCappyLaw.com. Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. 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. Often times the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Ligori strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. If you are interested with talking to Keith Ligori and asking him more detail questions about your crash or situation feel free to call him any time. We forward our office phones to Mr. Ligori's cell phone at nights and weekends so his clients or potential clients can contact him about your case. To learn more about Attorney Keith Ligori, please call our firm toll free at 888.254.7119 or visit www.keithligorilaw.com

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics