A friend was driving my car and and backed into someone in a parking lot. My insurance was lapsed at the time. Am I liable? The only information that was taken was from an old insurance card. The police were not called and we did not exchange drivers license information, only cell phone numbers. Can I be sued?
Generally, the owner of a vehicle is not responsible (liable) for the negligent acts of another person driving the owner’s vehicle. Whether you have insurance or not does not create or extinguish personal liability. There may be other theories of liability against you that may or may not apply to your situation, such as negligent entrustment of a vehicle to an unqualified driver, but simply because you own the car involved does not make you liable for another person’s negligence. However, if the police investigate further and discover that you, the owner of the vehicle, did not have insurance on the date of the accident, you may be at risk for a civil traffic fine for non-compliance with Arizona’s financial responsibility (mandatory insurance) law.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Liability Questions, or any other personal injury, please feel free to contact Brian T. Allen at 480.461.5335, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.