Is the 3rd party driver or the actual owner in an accident responsible if there is no insurance?

Question

I was involved in an auto accident on the job as a 3rd party driver in my co-worker/friends uninsured vehicle. I was basically at fault since I ran a stop sign, however there were no injuries and the only damage was cosmetic. I know I am partly reliable since I was the one driving, but as far as insurance is concerned, I am wondering if I am liable for that since I was the driver, or is it my friends fault for not putting insurance on the vehicle he owned? I am mainly worried as to how this would play out legally (if I was being sued.) Also I have to go to court for it as well. Any answers or advice would be appreciated.

Answer 1

BOTH the driver and the vfehicle owner are responsible in total.

Answer 2

The insurance follows the vehicle, therefore the owner of the car is liable for damages. However, you are also partly liable as you failed to maintain control of the vehicle, thus causing an accident.

Do you have auto insurance? You could possibly submit the claim to your carrier. They can investigate and determine if they will provide coverage for the loss.

When the other carrier contacts you regarding the damages you caused, be honest with them and explain you have no coverage. They can work out a repayment plan with you. Sometimes they may even settle for less than the entire claim amount. They would rather collect something instead of nothing.

Hope this helps

Answer 3

You're both equally at fault.  Insurance goes with cars, not drivers, so your friend is responsible for having insurance on his car as required by law, and is guilty at the very least of having an uninsured car on the road.

You, upon borrowing the car, have an obligation to be sure the registration and insurance is up to par, and are equally responsible if you don't.  And since you were the one driving and at fault with the accident, you are responsible for making the injured party whole.

Answer 4

The way it works is that as the driver, you are responsible for making sure you are insured to drive that vehicle, so you will be charged with driving without insurance. That in itself results in a fine, points on your licence and means that if you apply for insurance within five years of the offence, the insurer could decline you or increase your premium significantly.

For the owner of the vehicle, there are two ways it could go. They will ask the owner if they gave you permission to use the vehicle. If the owner says yes, the owner will also be charged with aiding and abetting you to drive without insurance, as when he lent you the car, he had an obligation to check that you were insured to drive it. However, if the owner says that he was not aware that you had taken the vehicle, and he can prove it, it is likely that the owner will not be charged, but you will face the more serious charge of taking a vehicle without the owner's consent.

If there are any damages to third party vehicles or property, it is likely that as you are uninsured, the third party will try and sue, as why should they claim under their own insurance and lose their no claim bonus for something that wasn't their fault? You may be asked to provide proof of income and outgoings to the court, then they will work out the cost of any damage caused to third party vehicles and property and add on any court costs, then make you pay it back at so much a week until you have paid off what you owe.

Answer 5

No offense & all but if you're not in constant contact with the person you hit - you do not know if there were no injuries - it took a few hours to realize I was injured after my accident.

And then I woke up the next day feeling even worse -

And even if you ARE in constant contact with the person you hit they're unlikely to tell you if you injured them - I wouldn't say one peep to the "Man" (and I use the term very loosely) who hit me -

GL Because you need it!