Q: Is the owner of a motor vehicle liable for damage caused by an insured driver of that vehicle?
Here the driver is insured under the policy and hits a pedestrian causing serious bodily injury in excess of the $20,000 uninsured motorist coverage. The owner of the vehicle was not present at the accident. The owner of the vehicle lent the vehicle to the driver and put the driver on the insurance policy. Is the owner still personally liable for the damages caused by the driver?
A: I would argue that they are not, but their insurance is--in most states the owners insurance is primary.
But in most states for you to be personally responsible other things have to be shown.
Tim Akpinar agrees with this answer
A: I agree with Mr. Munsing. Other factors would generally need to materialize before you could be personally liable. If the injuries to the pedestrian exceed the policy limits, that could result in personal liability if their attorney chooses to pursue that route. However, if the pedestrian sues, their damages would be covered by bodily injury coverage under liability, not your uninsured motorist coverage. I would believe your limits on bodily injury are above $20,000. But the best advice would be to consult a Hawaii attorney, as insurance coverage is governed by state regulations. I hope the pedestrian is okay and you have nothing to worry about. Good luck
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