If my car was totaled while sitting at a red light, who is responsible for my damages since I only have liability coverage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car was totaled while sitting at a red light, who is responsible for my damages since I only have liability coverage?
Another car that was speeding ran into another car and that car totaled my car. The person causing the accident ran from the scene. The owner of the car he was driving says that he did not have permission to drive this car.
Asked on February 8, 2015 under Accident Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The driver who was speeding would be liable, assuming you can find or identify him (of course, he may not have money to pay, which is often a real problem).
The car's owner is not responsible IF the driver *truly* had no permission. But permission does not necessarily mean explicit or express permission this one time. If the driver had been allowed to drive the car previously and had access to it, that may be enough to hold that he was was a permitted driver--someone who was allowed to take the car when he wanted. Or if he had previously taken it without permission and the owner did nothing to secure the vehicle, the owner could be liable for being negligent or careless. You don't have to take what the owner says at face value: you could sue him, and let him prove that the driver had no permission. Among other things, if he claims this person took his car without permission but has not pressed charges for theft--since taking a car without permission *is* theft--that would undercut his claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.