In some cases, victims of car accidents discover that the driver who caused the accident did not own the vehicle. If you have ever been in this situation, you may be wondering who you should hold accountable for the consequences of your accident. Is it the owner of the car or the driver?
The agony of being in a bind because of someone else’s carelessness is not something you should ignore. They could both face legal consequences for the harm and losses they sustained. However, having a knowledgeable car accident attorney to help you understand your rights and handle your claim legally would be beneficial.
Someone must be held accountable for your losses, medical expenses, and emotional and psychological trauma. It is critical that you consult with an experienced personal injury attorney about your car accident claim.
We have outlined the factors that may be considered when determining who is responsible for paying your damages between the car’s owner and the person who drives it to ensure that you are fully informed of your rights if you sustain injuries in a vehicle accident.
What Establishes Liability In A Car Accident?
In car accident cases, “liability” refers to a fault, blame, or responsibility. In other words, it refers to the person who caused the accident. However, what attorneys refer to as “liability” in an auto accident refers to a contractual commitment to financially compensate accident victims for their losses and injuries.
This legal responsibility is frequently a result of the law on a contract policy, sometimes from an insurance contract or the insurance company of a car owner.
Causes of Car Accidents
The law assigns fault for a car accident in a variety of ways, which usually results in the party responsible paying monetary damages to each individual injured in the accident. We will discuss two causes here: negligence and recklessness.
• Negligence
Negligence is defined as acting unreasonably for the sake of others’ safety and protection. In this context, it refers to a driver or owner who disregards the most critical safety measure that could have been implemented to prevent accidents from occurring.
For example, vehicle owners can be negligent if they know their vehicle is in poor condition but still lend it out or allow a family member or friend to drive it; this can result in a road accident.
According to the negligence principle in a car accident case, all drivers are responsible for exercising caution when driving a motor vehicle in order to avoid endangering the lives of other road users.
The negligent driver is required by law to pay a compensation fee to an injured person for the damages and losses caused.
• Recklessness
A driver violates the obligation of care duty to others when they engage in reckless driving that can endanger the lives of others.
Other actions that involve recklessness include:
- Driving while intoxicated
- Over speeding
- Texting while driving
- Not watching the road
- Not obeying the traffic regulations and rules
- Driving a car with faults while being aware of them.
How to Prove Who’s Liable in a Car Accident
Accident victims who have been physically or financially harmed have the right to monetary compensation for their losses as well as for their pain and suffering. To have legal grounds, some steps should be taken to gather evidence and proof of the liability of the party responsible for your case.
Your car accident lawyer will have to gather this evidence to support your claim:
- The accident scene pictures or video recordings.
- Relevant medical recordings that treat you for an injury, regular visits, and bills paid.
- A detailed statement from you on how the accident occurred.
- Eyewitnesses statement
The best way to determine who is responsible for all aspects of your auto accident claim is to contact an attorney as soon as possible. An experienced attorney can investigate the circumstances of the accident, determine liability, and advise you on your options for seeking compensation.
Is A Registered Owner’s Car Liable For An Accident?
In some situations, the responsibility for an accident may go beyond the driver, involving multiple parties. This makes it essential to learn both who owned the car and who was operating it when it crashed.
A car owner can be held liable in the event of an accident if:
- They are aware the driver can not handle the vehicle safely,
- They allow a drunk person to drive the car.
- The car was given to a mentally unstable driver to operate.
- The accident involves a driver who is not covered by auto insurance.
Furthermore, an owner must be aware of the insurance coverage provided by their motor insurance policy. If the owner is unsure who is to blame for an accident, he or she should consult with an accident lawyer.
Who Pays The Compensation If The Negligent Driver Doesn’t Own The Vehicle?
You may believe that the person behind the wheel is the actual owner of the vehicle on several occasions, but what happens if you discover otherwise after an accident? However, you may be disappointed to learn that the person at fault is not the owner and does not even have insurance.
If you become involved with such a driver, it is critical that you understand your options. According to the general principle:
- A driver who causes an accident due to negligence or irresponsible behavior will be held legally liable for the accident victims.
- Unless the car is registered under a no-fault insurance policy that covers their injuries, victims can sue the driver for economic and non-economic losses.
- If the owner allows his incompetent employee to run errands with the car while being aware of his inability, he is liable.
- Contracts can require either of the insurance companies to compensate the victims, depending on the type and extent of insurance coverage held by the three parties involved (owner, driver, and victim), as well as the state laws governing their rights and obligations.
Liability Assumption Agreements for Vehicle Accidents
Apart from other legal obligations, businesses, citizens, and other industries may agree to accept someone else’s liability for a potential car accident. It could be an insurance policy contract in which the insurance company promises to cover the liability of the person involved in the foreseeable accident.
Every car owner in Queens who wants to legally operate a vehicle must have auto insurance coverage. Although the types and amounts required by each state vary, liability insurance will cover any losses that may be incurred as a result of an accident that causes injury to another person.
On a standard basis, accident victims are not entitled to compensation from the liable party’s auto insurance policy if the injury is minor and no financial losses are involved.
What If The Car Liable Was Leased Out On Rent?
When a driver is involved in an auto accident while driving a rented car, the rental company is typically not liable for the driver’s damages and losses. In such cases, the driver who causes the accident and their liability insurance policy is liable to pay for financial compensation.
On the contrary, if the rental company intentionally gives the vehicle to an inexperienced or unqualified driver or if they know the car is faulty before leasing it out, it will be the rental company’s responsibility to compensate the injured person.
Rental companies may also be held liable for accidents caused by their employees’ use of company vehicles. Furthermore, any risk assumed by you or your employee(s) while renting a car for business purposes is covered by the insurance.
What Insurance Coverage Is Applicable When A Non-owner Crashes A Car
If you are a driver who does not own a car but requires car insurance, non-owner vehicle insurance coverage is for you. For example, if you frequently rent cars or need to provide proof of car insurance.
There are two types of insurance coverage as regards this, including:
- Primary Coverage – This type of insurance coverage is when the car owner’s insurance pays for the compensatory damages of the injured person.
- Secondary Coverage – This is when the driver’s insurance takes up the liability to pay for the damages caused by the accident victim.
If you are injured as a result of someone else’s negligence, you may need to consult with a car accident lawyer. The situation can make insurance coverage policies difficult to understand, and only a lawyer can help you navigate the process to ensure you receive full financial compensation for your severe damage.
What Will Happen If the Vehicle Is Stolen or Operated Without the Owner’s Knowledge?
In some cases, if the driver who crashed into someone else in a car accident takes the car without the owner’s knowledge, the owner’s legal liability for the incident is low.
It is only valid if the owner agrees before the driver operates the vehicle. The car owner is then legally obligated to compensate the injured people fairly.
In contrast, if the car in question was stolen, the owner is automatically exempt from paying for damages. The only time the owner’s insurance will kick in is when the owner gives the car operator or driver permission to use the vehicle.
What Action Should You Take If A Driver Who Isn’t The Car’s Owner Hits You In A Car Accident?
Receiving fair compensation after an accident can be difficult and frustrating, especially if the liable party is not the owner of the vehicle. It can be even more difficult if you decide to fight the insurance company that covers the car.
You can’t be sure it was the owner’s fault without a thorough investigation and evidence. As a result, there will be steps you must take to bring your offender to justice.
The most important thing is to contact a knowledgeable and experienced Queens car accident lawyer who will listen to your case and take the necessary steps. When you take the proper steps, you will most likely expedite your legal case.
A car accident lawyer will fight for your rights from the moment the collision occurs and will do everything in their power to get you the best settlement possible.
By analyzing the details of your claim, identifying liability, gathering information, and advocating on your behalf, they can have a significant impact on the success of your case and the amount of compensation you are entitled to.
How Will A Car Accident Attorney Help?
You would have realized by now that filing a claim for an accident that was not caused by the actual owner of the vehicle can be quite complicated in terms of some legal proceedings. This is where an experienced accident lawyer comes in; you cannot handle the processes on your own.
At Gregory Spektor and Associates, P.C., our lawyer will conduct extensive research and persistent inquiry to determine the actual liable person involved in the accident and who will pay the compensation fee for your damages and losses. Having an injury lawyer on your side will ensure that you receive full compensation from the party at fault.
Although each case is unique, an experienced attorney can frequently obtain compensatory damages to assist you in your recovery. The compensation fee may include, but is not limited to, the following items:
- The discomfort, distress, and inactivity in other areas of life brought upon you by the incident.
- Physical injuries you sustained cost you your work, relationships, and additional hassles and difficulties brought about by the accident.
- Medical expenses for the period you will be getting better; probably there might be other health issues arising in the future due to the accident.
- List of supplies you need to manage your day-to-day activities in the process of recovering.
- Replacement of personal property or damaged fees in the course of the accident.
Be aware that attorneys cannot guarantee that you will be compensated for your losses and suffering. However, by relying on the expertise of a skilled auto accident lawyer, you can be confident that you will receive the most equitable settlement possible from those responsible for your losses and injuries.
When the responsible party engages in severe, excessive, or purposefully destructive behavior, a knowledgeable car accident attorney may occasionally be able to obtain punitive damages on your behalf, as the court has the authority to order the recovery of those damages.
What Type of Car Accident Cases Do Our Lawyers Represent?
Our Queens, NY, car accident lawyer represents clients in a variety of matters involving car accidents, proving that you were not at fault. If one of the following accidents caused your injuries or the death of a loved one, you may be entitled to compensation:
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Truck delivery accidents
- Car accidents
- Uber driver accidents
- Drunk driver accidents
We are interested in assisting victims whose lives have been disrupted as a result of someone else’s negligence in an automobile accident. We will make every effort to assist you in recovering your losses. Allowing a personal injury attorney who specializes in accidents to assist you in holding the negligent party liable will be beneficial as long as the incident was not your fault.
The Best Time To Protect Your Legal Right Is Now!
You may only have a limited amount of time to file a lawsuit seeking monetary compensation from the negligent driver, owner, or other party involved in the accident. As a result, you must act as soon as the accident occurs.
If you speak with an experienced attorney as soon as possible, you have a better chance of protecting critical evidence, meeting deadlines for defending your rights, obtaining the financial compensation you need to pay for medical care, and getting back to enjoying your life.
If you were injured in a car accident where the negligent driver was not the owner of the vehicle, contact a car accident attorney as soon as possible.
Contact Gregory Spektor & Associates For Legal Representation After A Car Accident
We are a group of exceptional lawyers who focus on high-quality, award-winning cases. We provide legal assistance to our clients in a variety of important areas that require our expertise, such as car accidents. We have assisted accident victims like you in obtaining just compensation for their injuries and losses.
You should consult a lawyer regardless of who was at fault—the owner or the driver. Our attorneys are tenacious and knowledgeable in handling auto accident claims, ensuring you receive legal justice and compensation. We work on a contingency basis of ‘we win before you pay!’
Do you want to discuss your case? Call (888) 797-7735. You will also enjoy a free initial consultation to discuss your case review.
