Legal Question in Traffic Law in Texas

Vehicle owner liability if acccident occurs and someone else was driving

Not 2 blocks from the house, a vehicle crashed my car after running a stop sign. The driver jumps out and runs away. A few minutes later the owner of the vehicle shows up and informs me the driver was her boyfriend, and that the vehicle at fault has no insurance. My vehicle has state minimum insurance but no uninsured. Is the owner liable for my damages?


Asked on 3/13/06, 1:06 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Vehicle owner liability if acccident occurs and someone else was driving

Not the owner, but the boyfriend. The boyfriend was driving, so the boyfriend is liable. However, the owner could be liable if the boyfriend is not properly licensed, the owner knew that, but still gave him her keys. Alternatively, if the boyfriend were impaired in some form or fashion (alcohol, drugs, etc.), and the owner knew it, but still gave him the keys, the owner may also be held liable. However, generally, the person driving the car, not the person who owns it, is liable. For example, if you rent a car and wreck it, is the rental car company liable for what you did? Of course not. You are responsible for your own actions.

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Answered on 3/13/06, 3:24 pm


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