Am I at fault if someone else was in an accident in my uninsured vehicle

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Am I at fault if someone else was in an accident in my uninsured vehicle

Recently my father in law was in a motor vehicle accident in one of my cars the car been sitting for quite a while so it was not insured nor driven for mechanical reasons who is responsible for the damages to the other vehicle, etc.

Asked on May 1, 2017 under Accident Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

obvoiusly, the at dault driver will bear liability. If that was you father-in-law, then you will be responsible as the owner of the vehicle assuming that you gave him persmissiom to use your car. If not, then you're off the hook so long as you reported it as stolen and filed a police report.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, the at fault driver--whether your father-in-law or another driver who hit him; whomever was driving negligently, carelessly, reckelessly, etc.--will be liable. A driver at fault in causing an accident is always liable or responsible. So if the other driver was at fault, he bears his own damage; if your father -in-law was at fault, he is liable.
IF your father in law was at fault and you let him drive your car, you will be liable, too: a vehicle owner who lets an at-fault driver drive is responsible as well. If your father in law stole the car--took it without permission--you would not be liable, but for this to be the case, you'd have to file a theft report with the police against him; if you don't, then this was not stealing, and he had your permission, either explicit or at least implicit.


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