What to do if both my brother and I are being sent to collections for an accident that’s my responsibility not his?
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What to do if both my brother and I are being sent to collections for an accident that’s my responsibility not his?
I was involved in a car accident 4 months ago for which I was found at fault and I am uninsured. The car is registered under my brother’s name but I took the car without his permission. He was at work and I do not have rights to use the car; I took it without his knowledge. Now the other party’s insurer are sending us both letters to pay up. Can my brother be sued for money even though he did not allow me to use his car?
Asked on April 20, 2012 under Accident Law, California
Answers:
Robert Johnston / Law Office of Robert J. Johnston Attorney
Answered 12 years ago | Contributor
You need to be very careful how you handle this so your not charged with stealing or using the car without permission. I would suggest consulting with a local attorney and be sure to ask the attorney if you can call the insurance company and make arrangments for you to be soley responsible and leave your brother out of it. They don't care who pays them, as long as they are paid. There might be a couple other options, but I don't have enough information. Talk to a local attorney.
Robert Slim / Robert C. Slim - Attorney at Law
Answered 12 years ago | Contributor
Your brother can be sued, but the only claim they would have against him would be for "negligent entrustment." That is, if the owner of a car "entrusts" their vehicle to someone who is an unlicensed or incompetent driver, then the vehicle owner may be held liable if the driver gets into an at-fault accident. However, the owner has to "entrust" the vehicle to the driver. If it is shown that the driver took the vehicle without the owner's express or implied permission, then the owner is not liable for the accident. If your brother had insurance on the vehicle, report the accident to the insurance company immediately. They might be able to work everything out and get you both off the hook. But if your brother didn't have insurance, then be prepared for both of you to be served with a lawsuit which you must defend.
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