Who is legally responsible for an accident when the designated driver misses a curve, hits a tree & is killed?

olddog0558

Two things..

First off, if your daughter went through the windshield, why was she not wearing a seat belt?

Second, it's hard to say who is responsible unless it can be proven beyond doubt that someone's negligence caused the crash.

In the meantime, if the car was not insured, it first off should not have even been registered, and second off whoever owned it better find a real good lawyer, because the dead person's family is gonna come with all guns blazing.

Kizzy

Unfortunately, the driver is at fault. Two things to do in this matter and I have to stress...please give the family time to grieve.

If I understand correctly, your daughter's vehicle was not insured? If the driver was a resident of his parents home, you can file a claim on their auto insurance or his own. Depending how their policy language reads, they may be able to assist with medical-pain/suffering off the Bodily Injury coverage (occupant bodily injury). It may happen that since he had permissive use to drive her vehicle, they could decline the claim.

You also have to remember, you may be approached by the city for any property damage..which if not insured will be your daughter's responsibility.

I do wish you the best and my heart goes out to the family that lost a child. I lost my son to a drunk driver a year ago.

kelly_f_1999

sorry but who was driving is alway responsible if one misses the road can only be one the one driving sounds like your looking to blame someone for a accident and from what you have said there was only two driver and your kid and insurance wouldnt matter who was driving was one who wreak

entidtil

The driver is responsible for the accident........ but.... your Daughter is financially responsible because she owned the car. Whether the car was insured or not in no way determines "fault". If it was not insured, your Daughter will be held responsible for any and all damages and compensation. Unless, the driver owned an insured car. There may be some coverage from that drivers policy. If it was insured, Your Daughters insurance company is liable. The driver (estate) can be charged for driving a car with no insurance. If there was no insurance, I would be running, not walking to see a lawyer.

Scott H

I'm not sure what answer you're looking for? The driver is responsible for failing to control the vehicle. and she's dead. The car was not insured and shouldn't have been on the road. Your daughter is guilty of letting someone drive her uninsured car. Your daughter, as the vehicle owner is responsible financially. She will probably be sued by the family of the driver, and if she is a minor, you could be sued as well.

Sorry about your daughter, I hope she fully recovers.

Rottweiler dude

Yes ut is.My twin sister Nikki or should I say Nik was driving my Civic @ the time and it a tree by our house and then she promised me that she would pay me back. But has not for years my civic. But my civic was a 99 civic..But other wise my twin quit smoking THANK YOU GOD... but any ways Nik was dating Tyler Kyle's best man @ the time.Was in the car and he broke his hand and his foot. Nik went to a party.And I called her and called her. And she said" Mich. And I told her it is 1:00 a.m. Dad's goin to kill you. So my step dad started yell Nicole Ashley Smith you are grounded.. So other wise. I might get a SUV or a Car with four doors or two doors.

Howard L

I think what your really asking is who is financially responsible for the damages. The driver is legally responsible but the owner of the vehicle is responsible for the financial damages. That is why people buy insurance. I believe since your daughter allowed someone to drive her uninsured vehicle she is responsible for all financial losses which may include the death of the driver. If she is underage, you are then responsible since it was you who allowed her to drive an uninsured car.

Brandon & Shirley C

PLEASE PLEASE PLEASE DO NOT APPROCH THE FAMILY FOR ANY MONEY... but how ever the driver is at fault.. if the driver was coverd under your insurance then there is nothing to worry about.. if you didnt have insurance then it would be an out of pocket expense being your responsiblity because you own the car how ever after everything settles down a bit you and the other family could come to some kind of agreeance..

Philip P

using causing and permitting.
Who was using the vehicle... Daughter and freind...
Who caused the vehicle to be used daughter...
Who permitted the vehicle to be used:-
? Owner.. as in who actually bought the car they are vicariously liable for who who uses the vehicle.. did they indicate who should and should not drive the vehicle... The insurance company avoids this liability by indicating on the policy NAMED DRIVERS. or drivers with the permission of THE POLICY HOLDER..
? Policy Holder.. As in who took out the insurance in their name They are vicariously liable to ensure only those permitted by the insurance company drive the vehicle and that all those driving the vehicle are suitably qualified.. that is why the policy holder signs the insurance it is a legal doccument and shows that they comply with the law.
? User, your daughter was using the vehicle and drove it originally, the other person was then Caused to drive the vehicle by your daughters actions of Permitting them to drive the vehicle.. The Driver then Caused the incident which caused injury to both the driver and your daughter..

In a case of law the police will prosecute the person using causing and permittng the vehicle to be used prior to the incident taking place. Therefore, without just cause your daughter permitted the vehicle to be used. ERGO she is also liable.. and will be prosecuted for the driving offences, ie no insurance ( as the driver probably wasn't insured) had the driver lived then they too will be prosecuted for dangerous driving.
In civil law.. astute lawyers/ solicitors will sue your daughter and the owner of the vehicle for PERMITTING the incidend taking place and for CAUSING the vehicle to be used on the road... if the driver was UNINSURED by rote of not being a named driver or permissible under the insurance policy, then the suit will land on the shoulders of your daughter AND the owner of the vehicle AND the person who took out the insurance policy.........
Welcome to the world of litigation BUT
Be thankful and blessed.....YES BLESSED... that your daughter is still alive..... because the other persons parents/ family... would give every penny in the world to still have the otherperson alive......

mabelline

am I negligent for giving keys to child to get in vehicle and child turns key from passenger side and car is a standard and the car goes forward hitting another car. Should my insurance still cover me with underinsured and third party liability collision Can insurance put this debt on the child for a mistake.

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