Q: If a vehicle title holder is not the insured driver of the vehicle, can they be held liable for any damages as well?
The individual that is at fault for an accident did not have enough insurance (underinsured). This person is not listed as the owner of the vehicle, his wife is, and she is not included on the insurance policy. Can she be sued as the owner? Also, the driver was driving on a suspended license, which she was aware of. Does this increase her liability since she is the listed owner and allowed a non-licensed driver to operate the vehicle?
A: We would need to know more facts in order to potentially bring a negligent entrustment case as well. Do you have underinsurance?
A: From the owner's point of view, no. Their insurance is up for grabs but unless they knew of the suspension I don't see that there would be a claim (and asserting it might impact the insurance so the person asserting it may shoot themselves in the foot. Some liability coverage is better thatn no liability coverage. If the driver owns a property, they need to check with the liability to see if that covers this situation. On liability a person with a suspended license isn't necessarily an unsafe driver--a license may be suspended for unpaid parking violations, for instance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.