If someone has an accident in your car, who is responnsible for the damages of both your vehicle and that of the other party?

The owner of the uninsured car is also responsible under the "owners liability" theory in Michigan. That person needs to defend the lawsuit or be held in default. Please visit www.kliszlaw.com to discuss. Tim Klisz

In a number of states, both the driver and the owner of the vehicle can be liable for the negligent driving of the permissive driver/user.

The negligent driver of your car is responsible to you for the damages he caused to your vehicle.

Your situation illustrates why it is important that any owner or driver of any vehicle always maintain automobile liability insurance on the vehicle.

Legal Disclaimer:

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 insure proper advice is received.

In Michigan, if the owner allows another person to drive their vehicle and that driver causes an accident, the owner would be liable under the Owner’s Liability Act (MCL 257.401). Had the car been insured, the owner would only have been liable for a maximum of $500 of property damage (mini-tort). However, as the car is uninsured, the owner is not protected by the No-fault Act and is liable for all economic losses to the victim(s), including property damage. The driver is also liable for these same economic damages, but even if they were a minor, their parents would not be liable, unless of course, they were the owner(s) of the vehicle in question. There could be a common law cause of action for negligent supervision against the parents, but they would need to have previous notice of some reason why their minor child should not be operating a vehicle and/or would otherwise be a danger to the public. These claims are generally not viable in an auto accident context, as they are very difficult to prove and would likely not be covered by auto insurance.