who is responsible when an accident occurs when there is no insurance in an unregistered vehicle, the driver or the owner?
Bradenton, FL
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Posted 4 months ago in Car / Auto Accident
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Driver rear ended the car in front of him which caused a chain reaction and involved several other vehicles. There may have been bodily injury.
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Answers (3)Marc Howard Bardack
This attorney is licensed in Georgia.
Posted 4 months ago.
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The driver will be responsible for his actions in causing the accident (subject to whatever defenses he may have). In a few states (I believe NY is one), the owner can be held liable merely by virtue of ownership of the vehicle, but in most states you have to show that the owner is the employer/master/principal of the driver, that the owner negligently entrusted the vehicle to the driver or that the owner provided the vehicle to the driver for a family purpose (Georgia recognizes a "family purpose doctrine" theory of liability against the owner) or similar type theories of owner liability involving agency or active negligence.
DISCLAIMER: This answer is not legal advice and does not create an attorney-client relationship. No attorney-client relationship is created until this attorney is specifically retained by written contract. This answer is only intended to provide general information about the matter in question and is based solely upon the limited, unverified information provided and without further investigation or research. Persons seeking legal advice should consult an attorney familiar with the laws of their jurisdiction. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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I see that you are writing your question from Bradenton, Florida. Assuming this collision occurred in Florida, the answer to your question is that both the driver and the owner will be held liable for the negligence of the driver. Florida has a doctrine call the "dangerous instrumentality rule" which makes the owner of a vehicle equally responsible with the driver.
Earl Kenneth Mallory
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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In Florida, both the drive and the owner have financial responsibility for negligent operation of a motor vehicle. If both are truly uninsured, you may have possibility of recovery through your own uninsured motorist coverage, presuming you have the coverage. How bad are your injuries?
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