by arthurs6 » Wed Mar 31, 2010 11:15 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: Wed Mar 31, 2010 11:33 pm Post Subject:
Most states will allow the owner to be held liable. There are a few where they can only hold the driver responsible.
If only the driver can be held liable, there might be some legal way to bring the owner into it but I think that would be a slight stretch. You'd think there would something to protect other parties as when someone loans you a vehicle you expect them to have insurance on it as required by law. It's not like people should be expected to ask for proof before the take the vehicle. Perhaps so, though.
Posted: Wed Mar 31, 2010 11:49 pm Post Subject:
First of all assuming it was the driver of your son's vehicle that was at fault...(UPS drivers drive all day long...I'm just betting it's her fault)...now, assuming she's at fault...then there is a good chance you or your son (depending on who is the owner of the vehicle, and/or if your boy is a minor), can be brought in to pay for the damages to the UPS vehicle and any other damage that occured. One other option (again assuming it's her fault)...If she has a vehicle or her parents have an insured vehicle it is possible there could be some coverage there...
If you'd answer a few questions we would be in a better position to assist you.....What are the facts of loss? Was anyone hurt? Were there passengers in the vehicle? Were they hurt? What state do you live in? Is your son a minor? Who owns the vehicle? How long had your son owned the vehicle (hoping for 'newly acquired :wink: )
If the UPS driver is at fault then their carrier will pay to repair/total your boys vehicle. Just because she got a ticket doesn't automatically make her at fault (she may be, but that in and of it's self doesn't make it so)..
Add your comment