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Car Insurance Question  My friend took my car knowing that it has no car insurance and got into a car accident. Would it be my fault or would she be the one at fault?

I believe your question is who will be held responsible if your friend drove your uninsured car and caused an accident. It would depend upon the full situation as well as state laws.

If your friend took your car without your permission then likely she could be held responsible for damages she caused in an accident since she drove your uninsured vehicle without the owner's consent.

If instead you allowed your friend to operate your car knowing that it was without insurance on it then normally you, the car's owner, and the driver could be held responsible. As the owner you typically have vicarious liability for those that you allow to operate your vehicle.

It appears you are located in Pennsylvania. Chapter 17, Subsection H of the PA Vehicle code states that any owner of a motor vehicle for which the existence of financial responsibility is a requirement for its legal operation shall not operate the motor vehicle or permit it to be operated upon a highway of this Commonwealth without the financial responsibility required by the state.

Any person who fails to comply with this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $300. It also mentions that other penalties may apply.

In PA section 1785 of the vehicle code it is noted that proof of financial responsibility is required after an accident.

If the Pennsylvania department of motor vehicles determines that the owner of a motor vehicle involved in an accident requiring notice to a police department did not maintain financial responsibility on the motor vehicle at the time of the accident, the department shall suspend the operating privilege of the owner, where applicable, and the department shall revoke the registration of the vehicle.

As you can tell PA, as well as most other states, take driving without insurance seriously and an impose penalties on the owner of the car, even if they were not the driver at the time of the accident. To find out if your friend or you will be held responsible for an accident she was in you may want to check with the DMV or go to a lawyer for legal advice.

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This car insurance question was asked on 1/9/2007
This auto insurance answer was last updated on 11/28/2007
Mari requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
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