Will I be held accountable in court for not having my car insured if a person I let drive my car was insured?

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Will I be held accountable in court for not having my car insured if a person I let drive my car was insured?

I let my cousin drive my car because I didn’t have insurance but I have license. We were driving out far and I didn’t want to take a chance of getting

stopped and ticketed for driving uninsured. However, she is licensed and

insured. She was speeding and ran a stopped sign causing the car come out

from the street to her left to hit my front end. Yet, she refuses to pay for the full

damage of my car. She also told me her insurance company said she

couldn’t file a claim because it’s not her car. She says it’s my fault because I let

her drive because I was uninsured but she was the cause. What can I do?

Asked on March 11, 2016 under Accident Law, Ohio


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

Answered 8 years ago | Contributor

Unfortunately, you are liable for the accident because you are the registered owner of the vehicle.  Since you did not have insurance, either the party who was not at fault in the accident will sue you for negligence for being at fault in the accident  if that party did not have uninsured motorist coverage or his/her insurance company will sue you to recover the amount it paid on the claim if that party had uninsured motorist coverage.  
You can recover the amount of the judgment against you by suing your cousin.  In your lawsuit for negligence against your cousin, you can also recover the cost of repairs (property damage) to your car.

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