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Thread: At fault accident, driver or owner financially responsible?

  1. #1
    PhL0aTeR is offline Junior Member
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    At fault accident, driver or owner financially responsible?

    Colorado: Person A Owns car. Person B insures it, drives it. Person B gets into a wreck with Person C. Person B is at fault, Person C wants to sue. Is Person A financially responsible? In other words, can Person C legally go after Person A as the owner even though Person B was driving and has the vehicle insured?

  2. #2
    Zigner is offline Senior Member
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    Sue everybody - the courts will figure it out.

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  3. #3
    ecmst12 is offline Senior Member
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    Unless person B STOLE the car from person A, then person A is responsible for the loss. Person B is also responsible, but the law says the OWNER is responsible for insuring the car, and the owner's insurance will pay first. If the owner doesn't have insurance, or it's not enough, then the driver's insurance can be a secondary payor. However the driver should not be trying to carry an insurance policy on a car they do not own. Insurance follows the car, not the driver, and if the driver doesn't own the car, then they have no insurable interest and the policy can be voided in some cases. It would be considered material misrepresentation if they told the agent that they owned the car and did not have the owner on the policy.

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