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Who is responsible for uninsured vehicle that has been in an accident? The driver of the vehicle at time of accident or owner?

Roseville, CA |

My husband purchased a truck but never registered it in his name or insured it. The original owner is still the registered owner and never notified DMV of the sale or gave my husband the pink slip in order to be able to go register in his name or insure it in his name. well the other day he was in an accident, but has no insurance on the truck due to the laziness of the original owner. Who is the responsible party for not having insurance on the truck? and who is legally responsible for the damages to the other cars?

Attorney Answers 6

Posted

Both the driver and owner of the uninsured vehicle are responsible for damages to the other cars. However, under the California Vehicle Code, the owner is only liable for up to $5,000 in property damage and $15,000 for the death of or injuries to one person (and a $30,000 maximum for the death of or injury to more than one person). As for the party responsible for not having insurance, that would be the owner, really (but, an argument can be made that both the driver and owner).

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Posted

Ms. Berjis has set forth the legal requirements well. You may want to go to this site for further review of the issue - www.dmv.ca.gov/vr/insurance.htm.

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11 lawyers agree

Posted

I would agree with my colleagues.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

Who and who is not obviously liable for paying up when an accident happens is a completely different question than who's gonna get sued... most of us personal injury types earn our money by working hard at getting the best (read as in the most) recovery possible for our clients... such an endeavor involves making sure to go after anyone and everyone plus their insurance companies who has even a hint of liablity... while making absolutely sure not to cross the line into frivolous lawsuits or extortion, we will use all legal means to recover for our injured client(s). In a motor vehicle accident, most personal injuries immediately target the driver, the owner, and the employer of the driver as potential defendants. If the defendants want to argue among themselves, so be it, but if the accident is the fault of the driver, at least one of them will be found liable when the jury gives the verdict.

As for someone facing liability for a motor vehicle accident, he or she should file a claim with his or her insurance company - if no insurance, he or she should hire a defense lawyer.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
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* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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8 lawyers agree

Posted

Likely both. The driver for driving negligently, and the owner for negligent entrustment.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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7 lawyers agree

Posted

Both.

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