Owner's responsibility to maintain insurance?

Hello there,
This is in PA. I was asked by a person who's out of the country right now to test drive and write up a report on his newly purchased car. I drove the car but unforturnately got into an accident which thankfully involved no other cars. The car is totalled. The new owner does not have insurance on the car, which I was not aware of when agreeing to test drive the car. I tried to get my insurance to cover the damage, but I don't think they will. Am I liable for the car? Or is the owner. Any comments would be appreciated. Thanks.

[I AM ALWAYS LIABLE]

My response:

In the absence of a written agreement by the owner to absolve you for your negligence; e.g., for the negligent destruction of his property, you are responsible for the value of the property.

Since you were the driver, and your agreement did not include the destruction of his property, you are at fault for your negligence in the destruction of that property.

IAAL

Hmmm...so that fact that he failed to carry insurance on the car or at least advise me of the matter has no bearing at all?

Thanks for your comment.

[I AM ALWAYS LIABLE]

My response:

None whatsoever. Since you were the driver, and imbued with the knowledge of, and agreement to, the Rules of the Road, and since you created a "bailment" of the property under the law by taking possession, custody and control of the property (whew !), it was your duty and responsibility under the applicable vehicle code statutes to inquire about insurance, and all other legality aspects of the vehicle; e.g., that it was in a condition to be driven on the roads, that it had all proper licensing tags, etc., etc.

If you failed in that regard, and again, since you were the driver, and created the "bailment", your negligence is your responsibility.

IAAL

[LegalBeagle]

Originally posted by kivyee
Hello there,
This is in PA. I was asked by a person who's out of the country right now to test drive and write up a report on his newly purchased car. I drove the car but unforturnately got into an accident which thankfully involved no other cars. The car is totalled. The new owner does not have insurance on the car, which I was not aware of when agreeing to test drive the car. I tried to get my insurance to cover the damage, but I don't think they will. Am I liable for the car? Or is the owner. Any comments would be appreciated. Thanks.

Oh man.. you are so screwed. I *hope* it was some cheap piece of foreign crap.