Am I responsible if I left my uninsured car at my mom’s house but my brother took it without permission and had an accident?

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Am I responsible if I left my uninsured car at my mom’s house but my brother took it without permission and had an accident?

I left it there for my father to pick up. I did not have insurance on it. My father was going to get insurance on it and pick it up. My bother took the car without my permission while I was not at home, I been staying with my boyfriend, he side swiped a car and gave the cop my expired insurance information. Am I responsible. What can I do??

Asked on May 5, 2015 under Accident Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, you are liable for the accident in which your brother was at fault because you are the registered owner of the vehicle.

A judgment against you for the cost of repairs to the vehicle your brother hit can be recovered by you in a lawsuit for negligence against your brother.  Your lawsuit should also have a second cause of action (claim) against your brother for trespass to chattel which is the intentional taking of your car.  Your damages (the amount of compensation you are seeking from your brother for trespass to chattel) would be the cost of repairs to your car.


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