Legal Question in Insurance Law in West Virginia
who is responsivle for damage to vehicle
the owner of a car allows someone without a licence ( only a permit )to drive his car. She has an accident with only damage to the car. The owner has no insurance. Who is responsible for the damage to the cars?
1 Answer from Attorneys
Re: who is responsivle for damage to vehicle
It is illegal to permit an unlicensed driver to operate a motor vehicle. Violation of a statute constitutes prima facie negligence which could be used to hold the owner liable. If the driver had some common mission or was on an errand for the owner, say on a trip to the store for groceries, then the driver is an agent and the liability can be imputed under that theory also. Of course, the driver is responsible for her own actions in all events. There are probably administrative sanctions with the DMV for having no insurance in these circumstances. That is the owner may loose his or her license as a consequence.