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QuestionInsurance Question  If a person tells another person they have insurance on their car, but really does not, and the other person drives that car and gets into an accident, who is responsible?

AnswerAuto Insurance Answer

The driver is ultimately responsible for their own actions of getting into an accident since they were the one behind the wheel operating the vehicle at the time of the incident. This does not mean that the car owner cannot also be held accountable for allowing their uninsured vehicle to be driven.

State laws differ however normally both the driver and car owner can be held liable and responsible for damages caused in an incident and there is no auto insurance to cover the accident.

If the driver was ticketed for driving without insurance then in some states if you can give proof of who the car owner is and that he or she was responsible for having insurance on the vehicle then the courts will dismiss the ticket from the driver and instead place it on the car owner.

As for the damages, likely the other party damaged will come after the driver and/or car owner for the cost of repairs. If the other party was insured and makes a claim against their own physical damage coverages then the insurance company will likely subrogate with the driver and/or car owner.

If driving another person's car it is best to ask for proof of insurance, so that you can provide it to law enforcement in the event you are stopped or in an accident. And if you are loaning a car out to a friend it is recommended that you check your policy and with your agent to make sure that your friend will be covered under your policy.

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