Attorney Answers New York County Car Accident QuestionWho is responsible for damages in a car accident, the driver or the owner? I was driving a friend's vehicle on Broadway, in New York, NY. The vehicle was registered in MS, where my friend lives, but her car was not insured. I live in New York, NY but do not own a car. The owner of the car I was driving was riding in the passenger seat. We got into in a minor car accident fender bender. There was no police report, and it is the insurance co.'s opinion that the accident was solely my fault, which is questionable, but I was at least partially at fault. The insurance co. took my and the owner's recorded statements and this was the basis for their finding. The owner of the other car is a retired attorney who has a rent control apartment in New York County but spends most of his time in Florida. Who is responsible for paying for the other car's damages? The other driver's insurance co. is contacting me to obtain the damages, $2400. Because of vicarious liability laws, is the owner of the car solely responsible?
Attorney's Response to Car Accident Question from New York CountyAs the accident occurred in New York, NY, New York auto accident law applies BOTH you as the driver and the owner would be liable. You were authorized to drive by the owner. A car owner is liable in the event of an auto accident as she gave you permission to operate the car and is on the hook at the end of the day. However, IF you the driver caused the accident, you also may be sued and required to pay for the damages. Also, you live in New York County and easily available to sue and the NY car accident attorney the company hires can easily file and collect a judgment at the end of the day by going to the New York County civil court. If the other car's insurance pays for the damages, it may come after you for the money it had to pay to fix their driver's car because your negligence caused the accident, and it can pursue any claim the car's owner can. Thus, you are really on the hook here. However, since there is no police report, and you could deny liability at least in part, depending on what you said, and force the insurance company to hire its own car accident attorney to file a lawsuit against you and the owner in New York County. The may not sue, as the matter may be too small, or they may feel liability is not clear and it may cost too much to bother with a car accident attorney in New York, or if they do sue, you could then try to settle it to avoid the need to go to trial.
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