AmI responsible for an auto accident if the vehicle was registered to me but the car was uninsured andI was not the driver nor present at the time of the accident?

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AmI responsible for an auto accident if the vehicle was registered to me but the car was uninsured andI was not the driver nor present at the time of the accident?

Asked on January 26, 2012 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As the registered owner of the vehicle, you are liable for the accident even though you were not present and someone else was driving  your car.  Your liability would include property damage to the other vehicle and the personal injury claims of the occupants of the other vehicle.  The personal injury claims would include medical bills, pain and suffering and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

Since you didn't have insurance, if a lawsuit is filed against you for the accident and there is a judgment against you, you could recover the amount of the judgment from the driver of your vehicle.  If you are not able to recover the amount of the judgment by suing the driver of your car for negligence and if you can't afford to pay the judgment against you, you might want to consider filing bankruptcy.  It would be premature to file bankruptcy until there is a judgment against you which you are unable to recover from the driver of your car.  In your lawsuit for negligence against the driver of your car, you should also seek to recover compensation for the property damage to your car.


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