Legal Question in Personal Injury in California

Both are liable for the damages....

You did not finish the question. The driver of the vehicle who causes the accident is definitely at fault for the results of the accident. The owner of that vehicle may be at fault if he gave permission to the driver knowing the driver was not a safe operator of a motor vehlce [negligent entrustment]. as to insurance coverage, you have to look at your own and his policies as to whether the insurance goes with the car [covers anyone legally using car] or the driver [covers any car driven by the insured].