by victimisedinaz » Tue Apr 02, 2013 06:04 pm
Is registered owner liable for damages when letting other person drive their
car when insurance on that car had been cancelled, and when other person
has a suspended licence?
I was the unfortunate victim of a hit & run where the other driver had been observed driving recklessly by others and who sideswiped me and took off without stopping. Police subsequently tracked the driver down and found that the car belonged to a person who also had been driving uninsured and had loaned the car to a boyfriend whose license had been suspended and who also had no insurance. This person had a long history of drug abuse and lengthy criminal record along with a history of failing to appear in court, and had only recently come out of prison. I have good reason to believe that she knew he was high on meth when loaning him the car. This driver was given a citation for driving on suspended license, and leaving the scene. I don't have to be psychic to know he won't be turning up for his court appearance, and even if I did get a judgement against him, it would be uncollectable. I am therefore thinking of suing the owner of the vehicle. I really would welcome opinions as to what might be my best course of action. This took place in Arizona. I do have unisured motorist coverage but my deductible is $1000.
car when insurance on that car had been cancelled, and when other person
has a suspended licence?
I was the unfortunate victim of a hit & run where the other driver had been observed driving recklessly by others and who sideswiped me and took off without stopping. Police subsequently tracked the driver down and found that the car belonged to a person who also had been driving uninsured and had loaned the car to a boyfriend whose license had been suspended and who also had no insurance. This person had a long history of drug abuse and lengthy criminal record along with a history of failing to appear in court, and had only recently come out of prison. I have good reason to believe that she knew he was high on meth when loaning him the car. This driver was given a citation for driving on suspended license, and leaving the scene. I don't have to be psychic to know he won't be turning up for his court appearance, and even if I did get a judgement against him, it would be uncollectable. I am therefore thinking of suing the owner of the vehicle. I really would welcome opinions as to what might be my best course of action. This took place in Arizona. I do have unisured motorist coverage but my deductible is $1000.
Posted: Wed Apr 03, 2013 12:40 am Post Subject:
Is registered owner liable for damages when letting other person drive their car when insurance on that car had been cancelled, and when other person has a suspended licence?
It's not vicarious liability... if the owner cannot normally be held liable then it could be gross negligence, making the owner responsible. But it's not going to change much if the owner does not have insurance.
You really think an owner such as that is going to have 2 cents to their name?
If you file a claim under your UMPD then your carrier is subrogated to your right of recovery. So you can't file suit for just the $1000, you'd probably need to include your carrier as a party and file suit for the whole loss amount. You'd spend your own money to get a judgement against this person. A judgment is a nice, legal piece of paper that says you have a legal right to collect from that person. You'd then need to attach that judgement to something this person has and that your can legally obtain. My guess is... nothing. In the end, the most you'd get is $1000 plus filing fees.
You could also contact the prosecuting attorney and ask that they request from the judge that all money be paid to you and your carrier as any a condition for any reduction in charges.
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