If I am driving another person’s vehicle and another vehicle crashes into me, can the owner sue me for damages?
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If I am driving another person’s vehicle and another vehicle crashes into me, can the owner sue me for damages?
Another vehicle crashed into me and the police faulted them for the accident. Can the owner of the vehicle I was driving sue me for the damages and will they win the case? The owner of the vehicle I was driving is suing me for her out of pocket expense that the insurance company won’t pay. I told her she needs to go after the person that hit her vehicle but she is suing me instead. If I tell the judge it was not my fault will he dismiss the case?
Asked on April 23, 2012 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since you were not at fault in the accident, the owner of the vehicle you were driving should sue the other driver, who caused the accident, for negligence. If the at-fault party's insurance did not cover all of your vehicle owner's damages, the at-fault party is liable.
As for you just telling the judge that you were not at fault, that may not be sufficient for the judge to dismiss the vehicle owner's lawsuit against you. It would be advisable for you to file a motion for summary judgment with the court and serve a copy on the vehicle owner who is suing you. A motion for summary judgment means the opposing party's case is without merit and the opposing party cannot prevail in the lawsuit.
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