Legal Question in Personal Injury in California

Louis,

Under California Law, the registered owner of a car is liable for the property damage and personal injuries caused by their car while being used by a permissive user. The damages are limited to $15,000 for personal injuries to any one person and $30,000 total for all persons injured in the accident. Property damage is limited to $5,000. However, if you knew your friend was an unlicensed driver, you could be liable for all damages caused by the accident under the theory of negligent entrustment. You should turn this over to your insurance company to see if there is coverage. Their may be an exclusion in your policy for unlicensed drivers. You can also ask for proof of the damages and decide if you and James should just pay. If you do so make sure you get a release of all claims.

.You are absolutely responsible for the damages as you are the owner of the car and you gave permission for your friend to use it. Whether or not he is insured is irrelevant because the insurance follows the vehicle not the driver. You had better report this to your company immediately so you do not loose your coverage because of your failure to cooperate with your insurance company.

Next time make sure that your friend has a license. By the way his having or not having a license is not admissible to prove fault in court.

Hope that helps.