What to do if I borrowed my dad’s uninsured car and got into an accident while performing my daily work home visits?

The accident was not my fault. The insurance did not take me to court and does not intend to instead it seems like they have sent my case to a collection agency. This agency is trying to collect from my dad. I don’t know what to do. Is my work liable for negligence for not making sure that I had insurance. Am I liable or my dad liable, seems like they don’t want to court they waited 6 months to send me to a collector. This happened in Indiana and they are a reciprocal insurance. The person driving the car was not the first named insured.

Asked on September 15, 2015 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1 Your employer is NOT liable for "not making sure that you had insurance"--your employer is not your legal guardian and is not responsible for making sure you have fulfilled your legal obligations and/or have made sure to protect yourself with insurance.
2 You and your father would both be potentially liable if you were at fault in a car accident, a driver is liable when--but only when--he or she is at fault in causing an accident and the owner of the car if he/she is not the same person as the driver is liable when the driver is liable. So if you are not at fault, you should not have to pay--though if they can show you were at fault in court, even if you don't think you are, they could get a judgment in their favor.
3 You and your father do not have to pay unless and until they sue you and win. If they do sue you, to win they'd have to prove that you were at fault--and you, of course, could present any testimony or evidence to the contrary to refute that.


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