by Guest » Wed Mar 31, 2010 11:10 pm
My sons auto insurance was cancelled due to none payment and he drove the vehickle to school then let a friend drive it the same day and she wrecked the car. She hit a UPS truck and then hit the ditch and totalled my sons car. My sons friend got the ticket because my son was not there when it happened and was not driving. Can we be sued by the driver of the UPS truck or is the friend liable?
Posted: Fri Apr 02, 2010 12:10 am Post Subject:
Whoa, sorry about this...not a good place to be.
The short answer to your questions is "yes, you can be sued." The question is who is "you?"
Depending on the state where you live, the lawsuit could fall on either the registered and titled owner of the vehicle (you or your son?) or the driver of the vehicle. Most states hold the titled/registered owner of the car responsible for liability issues arising out of the ownership and enforce any associated penalties to that owner, regardless of who was actually driving at the time of the accident. Now, the driver is going to be held responsible in the sense of having an uninsured accident (whether he was aware of the insurance situation means nothing) and any tickets that may have been written as a result.
However, that doesn't necessarily mean that he has to pay for the damages. You can always litigate against the driver, as technically the wreck was his fault, and the fact of having no insurance on the car at that time is not a defense for the driver in court unless it can be proven that your son told him the car was insured. It seems pretty obvious to me that your son knew the coverage had lapsed due to non-payment of premium.
So, more details would be appreciated. What state do you live in? Who is the car titled/registered to? Is your son living in your household?
Thanks for the info!
InsTeacher 8)
Posted: Fri Apr 02, 2010 12:24 pm Post Subject:
The car owner has to acknowledge his share of responsibility. So, yes the owner could be sued. I understand that your son's friend got the ticket. But, I don't understand who the real owner is!
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