To drive a car in Missouri you need to have the mandatory minimum insurance. Liability insurance is the type of insurance that covers someone if they are at fault in an accident. If an individual is in an accident, at-fault liability insurance should cover the damages and injuries of the other driver as well as any injuries they sustain.
What is vicarious liability?
Vicarious liability involves a law that says that if the owner of a vehicle gives another driver access to their car and that driver is in an accident, the responsibility and liability for any damages and injuries rests with the vehicle owner. Therefore, due to vicarious liability, if the owner gives someone their car and they are at-fault in a car accident, the owner is liable for the damages.
Are there exceptions to vicarious liability?
For the owner to be liable for any other driver that borrows their vehicle, the driver must have been given permission to drive the owner’s car. If someone uses the owners car without their explicit permission, then they should be responsible for paying for the car accident, not the driver.
Another exception to vicarious liability is if the person to whom they lent their car was explicitly excluded from their car accident insurance policy. In other words, if their name is not stated in the insurance policy, the insurance company might try to deny them coverage whether they gave them permission or not.
What if someone lies about having permission?
If someone took an owners car and they were in an accident, at fault for that accident, and lied about having permission to drive your vehicle, it might be a matter of their word against the owners. If they notice their car is gone, notifying the proper authorities that it is missing is imperative to cover themselves. If they really didn't let the at fault driver borrow their car, they should have documented it by filing a report with the police.
If you have been in a car accident and the at fault driver was not the owner of the automobile it is important to have an experienced St Louis Accident Lawyer by your side.
Call 24/7 (314) 361-4242 Today.