If my husband was driving a company truck and was side-swiped by another vehicle but later found out that the company truck he was driving was not insured, what is he liable for?

They’re now telling him he has to pay for other vehicles damages. Is he responsible for paying this even though his boss was negligent in paying his vehicle insurance?

Asked on November 13, 2015 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, he is liable, if he was at fault (e.g. driving carelessly) in causing the accident--the at-fault driver can be liable for any/all damage he causes, even if he was not the vehicle's owner and regardless of the presence or absence of insurance. The critical issue is whether he was at fault (fault is necessary for liability); if he was not--if he was driving reasonably and did not carelessly cause the accident--then he should not be liable for the damage; indeed, if the other driver were at fault, then he or she may be liable.

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