Legal Question in Criminal Law in Minnesota

accident responsibility

my nephew bought a vehicle and since he didn't have a license or insurance, he allowed someone else to drive the vehicle who said he did have a license and operator's insurance. then the individual had an accident, and it turns out he had lied to my nephew, and his license was cancelled and there's no such thing as operator's insurance in the state of minnesota. who is going to be responible for the accident? also, my nephew never had the vehicle title transferred into his name, so although technically he might own the vehicle, there is no paperwork or title transfer on record, not even a bill of sale.


Asked on 10/23/08, 11:35 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: accident responsibility

Your question is unclear whether it relates to a criminal charge such as "no insurance," or a to a civil liability question about personal liability for potential civil damages.

See Minnesota Statutes Section 169.791, subd 4, which makes it a misdemeanor crime for an owner of a motor vehicle to fail to provide proof of insurance within 10 days of a request from a police officer. It provides for a defense if the driver used the vehicle without consent in certain situations specified. In addition to the criminal case, the drivers license of the owner can be revoked, see Minnesota Statutes Section 169.792.

Last time I checked, a car title was merely prima facie evidence of ownership, not conclusive evidence of ownership. He may want to discuss that factor with his lawyer.

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Answered on 10/24/08, 7:03 pm


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