Who has legally liability regarding a car crash?
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Who has legally liability regarding a car crash?
The university that my son goes to in FL has a contract with Avis to allow students under the age of 25 to rent a car. The contract was approved by the university for the students to drive to out of state for a fraternity conference. On the way home at 3 in the morning my son, who is under 21 and not on the driver’s list, got into an accident and totaled the van. There were 5 in it and all got out okay. Several kids got personal injury attorneys and we just got a letter from one to send our insurance info. My son got a ticket for failure to use due care on a wet road causing the crash. The ticket has been taken care of. Is his insurer responsible or the kid who signed for the vehicle, or the university?
Asked on August 23, 2013 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The university is not liable: they did not allow your son, who is less than 21 and was not on the list, to drive, and did nothing wrong.
The student who signed for the vehicle may be liable if he allowed your son to drive when he should not have.
You son would would certainly be liable--it is possible for more than party or person to be liable in an accident, if more than one was at fault; when that happens, the damages or costs or allocated in proporation to their respective fault--if he was driving in any way carelessly.
Insurers are responsible to the extent that 1) their insured's are liable and 2) their contracts or policies make them financially responsible in this situation.
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