If my husband lent his vehicle to a friend who then got into an accident, how do we getthe other driverto sue the friend?

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If my husband lent his vehicle to a friend who then got into an accident, how do we getthe other driverto sue the friend?

We need to know what we should do. Do we retain a lawyer and countersue his friend or is there a way we can get the other insurance company to cover what ours does not?

Asked on January 8, 2012 under Accident Law, Florida

Answers:

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

Answered 10 years ago | Contributor

If your husband's friend caused the accident, the other driver will file a claim against your husband's auto insurance carrier because your husband as the registered owner of the vehicle is liable for the accident.  Your husband's liability would include property damage to the other driver's vehicle and if the other driver was injured, a separate personal injury claim will be filed.  The personal injury claim would include compensation for medical bills, compensation for pain and suffering which is an amount in addition to the medical bills, and wage loss.

If that case is not settled with your husband's  auto insurance company, the other driver could sue your husband for negligence as the registered owner of the vehicle.  Your husband could sue his friend for negligence for the property damage to the car and could recover the amount of a judgment against him  (your husband) the other driver is awarded.

If your husband's friend was not at fault in the accident, your husband as the registered owner of the vehicle should file a property damage claim with the other driver's insurance carrier.  The property damage claim would be the cost of repairs to the vehicle.  If the property damage is not settled with the insurance company, your husband could sue the other driver for negligence.


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