Zephyrhills, FL asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida

Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't have a license. The accident occurred on a road with poor conditions, but I'm unsure of specific contributing factors like vehicle condition or other details. We haven't contacted the insurance company or consulted an attorney yet. What legal actions, if any, can I consider in this situation?

2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting an unlicensed person drive. The mother of the friend could face liability under the dangerous instrumentality doctrine for negligently entrusting the car to her unlicensed son and your unlicensed son. Poor road conditions might also implicate a government entity, though proving their negligence has strict rules and deadlines. The mother’s insurance is critical—permissive use might extend coverage, but exclusions for unlicensed drivers could block it. If your family has uninsured motorist coverage, that’s another option. The biggest challenges is comparative fault reducing damages if your son contributed to the crash. Schedule a free consultation today to seek justice for your son and compensation for your loss.

A: Well, I’m sorry to hear about the passing of your loved one and I extend my deepest condolences.

So from your facts, it’s ambiguous as to whether there was another car involved in this accident. The central question in this case is who caused the accident? If there was another vehicle involved, and that party was injured through your son’s negligence , then under the dangerous instrumentality doctrine, the mother who owns the vehicle is strictly liable for the other drivers damages. However, If your son‘s death was caused by another driver, then the estate of your deceased son could file suit against the other driver who caused the accident. The fact that he was not insured or not licensed to drive may complicate his claim, but it wouldn’t entirely prohibit it. if the accident was caused by your son, it is unlikely that the mothers insurance company would accept the claim because your son was not on that insurance policy.

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