Is the driver or the owner responsible responsible for the damages done to my car?

Asked about 2 years ago - Miami, FL

I was involved in an accident where i was completely stopped and a pick up truck with a boat attached to it tried to turn to the other street. He miscalculated and hit the front side of my car with the boat. The police took the insurance of the person driving but he was not the owner, the owner was the passenger. Of course the vehicle was not registered to the driver's insurance so they would not cover it. I took my car to get it fixed and it cost around $3,000. Shouldn't the owner of the car have to pay it for it? Or his insurance. The accident occurred on May 16, 2012

Attorney answers (6)

  1. Jonathan Hayes Groff

    Contributor Level 12

    6

    Lawyers agree

    Answered . The owner's insurance company is responsible for the negligence of a permissive driver. In fact they are responsible for any personal injuries you may have sustained. If the driver also has insurance on a car he owns, that insurance will also come into play. If you were injured or if they will not pay your property damage call and attorney without delay.

    This answer is a public service and not an attempt to solicit business. Jonathan Groff’s practice is devoted to... more
  2. Jacob E. Segal

    Contributor Level 7

    3

    Lawyers agree

    Answered . The vehicle will cover it. If your insurance paid your insurance company will get your deductible back for you. If not you need to go after vehicle. If you have the vin you can find out the insurance through any attorney.

  3. Keith Patrick Ligori

    Contributor Level 11

    3

    Lawyers agree

    Answered . I would make the claim with the owners and drivers insurance and see what their position will be.

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  4. David L. Hirsch

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . You are correct, the driver is liable to you for his negligence. The owner may be liable to you as well under a theory of agency. There may even be liability to you from the owner of the boat which was being transported if he employed an inadequate company to move his boat.

  5. Elmer Sanchez

    Contributor Level 12

    2

    Lawyers agree

    Answered . In Florida, a vehicle is considered a dangerous instrumentality. This means that the owner will always be "on the hook" for damages caused involving the car. Explosives and guns are likewise considered dangerous instrumentalities. In other words, if you lend these kinds of items to a friend, and someone gets hurt, you as the owner may be liable.

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  6. Steven A Schwartz

    Pro

    Contributor Level 13

    3

    Lawyers agree

    1

    Answered . Your instincts are correct. Assuming the driver had permission to drive the vehicle (and I would assume this if the owner was in the car!), then the owner's insurance should cover any and all damages you seek up to their policy amounts. I suggest you contact the owner and request that he or she turn it over to his or her insurer.

    Steven A. Schwartz
    Attorney/Partner

    JOEL H. SCHWARTZ, P.C.
    One Washington Mall, 16th floor
    Boston, MA 02108
    (617) 742-1170
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    (617) 250-2072 fax
    sas@joelhschwartz.com
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    The information provided is based solely on the question and facts presented. The information presented should not... more

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