Can a Car Owner Be Sued for Another Driver’s Accident?

When a car owner allows someone else to drive their vehicle, they may be liable for any accidents that occur. This is known as vicarious liability, and it raises the question: Can a car owner be sued for another driver’s accident? If you have been in a car accident and sustained injuries, it is crucial to know who may be held responsible when the driver is not the owner of the vehicle that hit you. It is also highly recommended to consult with a Miami car accident attorney due to the complexity of these types of cases.

Times When a Third Party Can Be Sued After a Car Accident

There are three different situations where a third party can be sued after a car accident in Florida: 

• Vehicle owners: If a car owner allows another person to drive their vehicle and that driver is involved in an accident, the owner may be liable under vicarious liability laws and the Dangerous Instrumentality Doctrine. This holds true when the driver has permission to drive the vehicle. However, the owner is not liable if the car was stolen. 
• Drunk driving accidents: If a person provides alcohol to someone they know is intoxicated and that individual then causes an accident while driving under the influence, the provider of alcohol could be liable for any resulting damages
• Employers of negligent drivers: If an employee causes an accident while performing work duties or using a company vehicle, the employer may also be held responsible for any injuries or property damage caused by their employee’s negligence

Can a Car Owner Be Sued for Another Driver’s Accident?

If the owner knowingly lends their vehicle to someone they know is an unsafe driver or someone considered an at-risk driver, they could also be liable for the driver’s negligence. For example, if you let a friend who you know has a suspended license or has a history of DUIs borrow your vehicle and they cause an accident, you could also be found directly negligent and responsible.

Dangerous Instrumentality Doctrine

The Dangerous Instrumentality Doctrine holds vehicle owners responsible for any damages or injuries caused by the operation of their vehicle, regardless of whether they were personally driving at the time. This doctrine imposes strict liability on vehicle owners based on the idea that cars are inherently dangerous instruments and, therefore, owners should bear some responsibility for ensuring their safe use.

Under this doctrine, if a driver with permission to operate a vehicle is involved in an accident, the car’s owner can be liable for any resulting harm. This applies even if the owner was absent during the accident or did not directly contribute to it. The purpose of the doctrine is to ensure car owners take precautions when allowing others to use their vehicles.

However, certain exceptions exist where the vehicle owner will not be considered vicariously liable for the accident. The first is the shop rule, which applies to valet parking attendants, auto repair technicians, and body shop employees. If one of these people drives your vehicle and causes an accident, you are not responsible. 

The next exception is for rental car companies. When renting a vehicle, they are protected by Grave’s Amendment, which excludes them from liability when someone rents a car and causes an accident. However, if it can be established that the rental car company negligently rented to someone they should not have, then they could still be held liable.   

Does Insurance Cover Liability When a Permitted Driver Injures Someone in a Crash?

When someone is permitted to drive another person’s vehicle and is involved in an accident injuring others, the owner’s auto insurance policy may cover the resulting damages. If the driver also has auto insurance, then their policy may also cover injuries to others. 

What Damages Can You Pursue if You Have Been Injured in a Car Accident?

If you have been injured in a car accident, generally, you can pursue economic and non-economic damages.

Economic Damages

These are actual financial losses that result from the accident, including:

• Medical expenses 
• Lost wages or income due to inability to work
• Property damage

Non-Economic Damages

Non-economic damages are quantified losses based on how the accident has affected your quality of life and include: 

• Pain and suffering
• Emotional distress
• Loss of enjoyment
• Mental anguish 
• Disfigurement or permanent disability 

Limits on Damages in Florida

Florida has a no-fault insurance system, meaning drivers must first seek compensation from their own insurance policies regardless of who caused the accident. Personal injury protection (PIP) coverage typically provides up to $10,000 in medical and disability benefits.

Once that cap is reached, the injured party may seek additional compensation against the responsible party and vehicle owner. Essentially, there are no caps on economic and non-economic damages other than the amount of insurance coverage the person has. 

Should that be reached, the injured party can seek further compensation directly from the driver and vehicle owner. The only cap is on punitive damages, which is three times the economic damages or $500,000, whichever is greater. 

If You Have Been Injured in a Car Accident, Call Bernstein & Maryanoff Injury Attorneys Today

Do not hesitate to seek legal advice after being injured in a car accident. Call Bernstein & Maryanoff Injury Attorneys today for expert legal guidance and representation. Our experienced team is here to help you understand your rights, navigate the complex legal process, and fight for the compensation you deserve. Let us advocate for your best interests while you focus on healing and recovery during this challenging time. 

Sources:

FLA. STAT. § 327.32.

Florida Insurance Requirements.

49 U.S. Code § 30106.