Legal Question in Personal Injury in California

Auto Accident Liability When Permissive Driver Injures Owner

In California when an auto owner and a friend are taking turns driving the owner's vehicle and the friend, who obviously has permission to drive the vehicle, rolls the vehicle over totaling it(no other vehicles are involved)and injuring the owner-passenger is the friend-driver liable for owner-passenger's injuries? That is, can the owner-passenger sue the friend (permissive driver) and/or obtain money from the friend's insurance company? Again, no other vehicles were involved, only the owner's who was in the right hand passenger seat at the time of the accident. (Does the Guest Statute come into play?)


Asked on 5/21/03, 8:59 pm

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Auto Accident Liability When Permissive Driver Injures Owner

Yes, if the frined was negligent in his operation of the car.

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Answered on 5/24/03, 2:29 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Auto Accident Liability When Permissive Driver Injures Owner

Assuming the rollover was caused by the negligence of the driver, the injured party has a case against the driver.

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Answered on 5/22/03, 9:28 pm


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