What to do about an auto accident with an unauthorized driver?
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What to do about an auto accident with an unauthorized driver?
A vehicle veered off the road and did damage to my property. The vehicle was a rental car and the driver, a minor, was not an authorized driver of the car. The person who should have been driving was actually a passenger in the vehicle. Insurance company for the renter denies damage claims because their insured was not actually driving the car. Insurance company for the rental agency denies claims because the driver was not an authorized driver. Who is ultimately responsible for paying for the damage to my property?
Asked on August 13, 2012 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The renter, who allowed the unauthorized minor may be liable for paying for the damage, since the approved or legal driver of a car may be responsible for the actions (and damage) of those he or she let's drive the vehicle; he or she could also be negligent in allowing a minor to drive, which provides another ground for liability.
The minor's parents (if different from the authorized driver/renter) may also be liable, since the parents of a minor are generally responsible for his or her wrongful acts. If the renter was the parent, this is another basis for holding him/her liable.
You can therefore sue the authorized driver and the minor's parent(s) (if separate from the authorized driver) to recover compensation. Insurance does not determine obligation to pay, but merely provides an alternate way to pay or source of payment; even if the insurers are not obligated to pay because the driver violated the terms of the coverage somehow, you can still directly sue the persons at fault in causing damage to your car.
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