by JRLEON19 » Sat Dec 06, 2008 03:43 pm
A FRIEND OF THE FAMILY TOCK MY CAR WITHOUT MY PERMISSION AND HAD AN ACCIDENT THE CAR DID NOT HAVE INSURANCE AT THAT TIME.HE HAD NO DRIVER LICENSE,PROVATION AND DUI. HE IS NOW IN JAIL BUT I DID NOT PRESS CHARGES AT THAT TIME BECOUSE I DID NOT KNOW WHAT I HAD TO DO I THOUGHT I WAS GOING TO GET CONTACTED BY AN OFFICER BUT NEVER DID KNOW I RECIVED A LETTER FROM THE STATE TELLING ME I HAVE TO BE LIABLE I DONT KNOE WHAT TO DO????????
Posted: Mon May 16, 2011 11:45 am Post Subject:
Your car was at someone else's house? Why is this?
When someone uses your vehicle without your permission, such as the person who steals it, you may not be liable for their driving behavior.
Your situation here may be different. Leaving your vehicle at your son's house may be considered giving anyone in that household permission to drive it. You probably have some responsibility.
Posted: Mon Jan 14, 2013 07:46 pm Post Subject: car accident
my brother in law took my mother in laws car without her permission she was sick and was staying at his house her car was parked in his drive way his wife had permission to drive the car..my mother in law died and two days later he took her car and got into a accident.. he had no license he left the seen of the 1st accident then proceeded to get into another accident in which he had a passenger they both got hurt in the accident can my mother in laws estate be sued when she was dead prior to the accident
Posted: Mon Jan 14, 2013 07:46 pm Post Subject: car accident
my brother in law took my mother in laws car without her permission she was sick and was staying at his house her car was parked in his drive way his wife had permission to drive the car..my mother in law died and two days later he took her car and got into a accident.. he had no license he left the seen of the 1st accident then proceeded to get into another accident in which he had a passenger they both got hurt in the accident can my mother in laws estate be sued when she was dead prior to the accident
Posted: Tue Jan 15, 2013 01:47 am Post Subject:
While it may vary from state to state, generally, to impose liability upon an owner of a vehicle (when the owner is not in the vehicle at the time of the collision) something more than mere ownership must exist. If, for example, the driver was performing some task for the benefit of the owner, then an agency relationship can arise and the owner can be sued under a number of different theories (i.e. Respondeat Superior, Family Purpose Doctrine, Joint Concerted Effort Doctrine). Alternatively, if the owner knew that the driver was unqualified to driver (e.g., no license, under the influence, unable to see, bad driving record) then an owner could be held responsible for entrusting the vehicle to that driver (i.e. negligent entrustment). If the owner had no knowledge that the vehicle was being used, it is likely that they might be cleared of liability.
Posted: Tue Jan 15, 2013 03:23 am Post Subject:
There is probably no liability on the part of the estate. A dead person cannot give consent to anything, and obviously cannot be said to have knowledge of another person's acts. Those acts cannot be imputed to the estate.
The estate actually has a cause of action against the individual who took the vehicle and damaged it. In fact, if that person's wife has auto insurance that does not exclude her husband as an insured, a claim can be filed against her insurance for those damages.
Posted: Sat Feb 23, 2013 04:33 am Post Subject: Auto
If I traded my car for my stepsons car and I told him I was stopping insurance and that he needed to insure the car and got into an accident without insurance, am I liable for the accident when police was called and sighted to my stepson? The car was registered under my name still. I also have a change of ownership sale. Does this help me if the person who got into accident was trying to make me responsible ?
Posted: Sat Feb 23, 2013 12:00 pm Post Subject:
In most states, both the seller and the buyer are supposed to notify the DMV of the sale of a vehicle. Your proof of sale may demonstrate that you are not responsible.
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