Help, someone else was driving my car and had an accident, am I liable?

Forums › Transport (cars, bikes and boats) › Help, someone else was driving my car and had an accident, am I liable?

MzAliceD

2 posts

Wannabe Geek

#258710 16-Oct-2019 18:40

Hello 👋

I'm just wondering if anyone can help me because uncle Google is failing me on this subject.

Someone was borrowing my uninsured vehicle, they unfortunately didn't see the guy in front suddenly stop and as a consequence ran up his butt. All details were handed over, photos taken etc

As I was the owner of the vehicle my details were also passed on, I have just received a letter from the other parties insurance company stating that I am the liable party, although I was not driving at the time. Is this correct? An I liable to pay their repair costs even though I wasn't the person who was driving the car at the time of the accident?? Or am I just getting the letter because it was my vehicle and the driver will also receive one?

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20164 posts

Uber Geek

#2338373 16-Oct-2019 19:00

IANAL. This page may help when an accident is caused by your car when you don't have insurance https://www.ifso.nz/assets/Uploads/Info-Sheet-third-party-uninsured-FINAL.pdf

MzAliceD

2 posts

Wannabe Geek

#2338400 16-Oct-2019 19:51

Hi, thanks I've had a read of that but still can't work out if I am liable or if the driver of my car is 🤷🏻‍♀️
Perhaps I just need to wait and see what happens.

richms

28188 posts

Uber Geek

Trusted

Lifetime subscriber

#2338402 16-Oct-2019 19:54

Just write back saying "I wasnt driving". The driver might be able to claim on their car insurance like you are covered on many if you get a new car for the first 2 weeks etc.

Insurance companies send out all sorts of crap to people trying to trick them into admitting liability and pay for things that they dont have to. Best thing to do is run it buy a lawywer who specialises in insurance stuff if its a high value claim, but if it was just a mazda demio or some other road vermin car that might not be worth it.

Richard rich.ms

SirHumphreyAppleby

2847 posts

Uber Geek

#2338403 16-Oct-2019 19:56

MzAliceD: Hi, thanks I've had a read of that but still can't work out if I am liable or if the driver of my car is 🤷🏻‍♀️
Perhaps I just need to wait and see what happens.

I'm watching this thread out of interest, but IMO, the insurance company should be asking the driver to pay, not you.

IANAL, but my advice would be do not accept liability. If you agree to pay, there is no guarantee you could recover the costs from the driver as they would have been denied the ability to dispute the cost of repairs.

The only circumstances I can think of under which you could be liable is if the vehicle weren't roadworthy and the driver was unaware of that fact.

Journeyman

1187 posts

Uber Geek

#2338407 16-Oct-2019 20:18

The person who was driving your car... they've offered to pay, right?

Geektastic

17943 posts

Uber Geek

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Lifetime subscriber

#2338463 16-Oct-2019 22:05

IANAL etc etc but logic suggests that the car had nothing to do with the accident - the person controlling it did, which wasn't you.

Just write back and give them the details of the driver, stating clearly and unequivocally that it was not you.

Handle9

11394 posts

Uber Geek

Trusted

Lifetime subscriber

#2338511 16-Oct-2019 22:17

Geektastic:

IANAL etc etc but logic suggests that the car had nothing to do with the accident - the person controlling it did, which wasn't you.

Just write back and give them the details of the driver, stating clearly and unequivocally that it was not you.

Yip. IANAL but the car is not liable (as it is inanimate), the driver is as they had control.

Sharesies

Trade NZ and US shares and funds with Sharesies (affiliate link).

Handle9

11394 posts

Uber Geek

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Lifetime subscriber

#2338513 16-Oct-2019 22:18

mattwnz:

IANAL. This page may help when an accident is caused by your car when you don't have insurance https://www.ifso.nz/assets/Uploads/Info-Sheet-third-party-uninsured-FINAL.pdf

How is this relevant when the OP isn't the driver?

Bung

6488 posts

Uber Geek

Subscriber

#2338529 16-Oct-2019 22:34

SirHumphreyAppleby:
The only circumstances I can think of under which you could be liable is if the vehicle weren't roadworthy and the driver was unaware of that fact.

I'm not a lawyer either but apparently if you allow another person to drive your vehicle for your benefit eg drive you home because you are over the limit or because they are working for you then you are also liable for any damage. You should be ok if they are using the car for their own benefit.

nathan

5695 posts

Uber Geek
Inactive user

#2338551 17-Oct-2019 05:41

You weren’t driving. Case closed.

BlinkyBill

1443 posts

Uber Geek
Inactive user

#2338554 17-Oct-2019 06:39

Bung:
SirHumphreyAppleby:

The only circumstances I can think of under which you could be liable is if the vehicle weren't roadworthy and the driver was unaware of that fact.

I'm not a lawyer either but apparently if you allow another person to drive your vehicle for your benefit eg drive you home because you are over the limit or because they are working for you then you are also liable for any damage. You should be ok if they are using the car for their own benefit.

it would be good if people didn’t make up stuff, as made up ‘advice’ only causes issues.

A driver of any vehicle is totally responsible for the vehicle, including it’s state of road worthiness and insurance, whether they own the vehicle, are renting it, or are borrowing it. In this case the driver is liable, but until the the clear fact that the owner wasn’t the driver is established, the insurance companies and enforcement authorities will default to the owner being the driver.

Situation is different for learner drivers.

SirHumphreyAppleby

2847 posts

Uber Geek

#2338557 17-Oct-2019 07:02

BlinkyBill:

A driver of any vehicle is totally responsible for the vehicle, including it’s state of road worthiness and insurance, whether they own the vehicle, are renting it, or are borrowing it.

So even if the vehicle has a known but hidden fault that could cause an accident, and the owner fails to tell the driver of the issue, it's always the driver's fault?

I somehow doubt that.

What if my car were to develop a 'fault' where failing to flick a switch resulted in the vehicle disabling the brakes and suddenly veering right when the speed exceeded 100kmh^-1. Would I escape liability for 'accidentally' ridding the world of a car thief and perhaps a couple of innocent bystanders?

zyo

513 posts

Ultimate Geek

#2338565 17-Oct-2019 07:29

Has the driver actually admitted fault and is willing to pay for the accident.
From what OP wrote it sounds like the driver is not fully cooperating and might not even admit responsibility. It will be up to OP to prove who the actual driver is?

nathan

5695 posts

Uber Geek
Inactive user

#2338566 17-Oct-2019 07:30

There’s no valid excuse for rear ending someone.

throbb

675 posts

Ultimate Geek

#2338567 17-Oct-2019 07:34

I got a feeling they assume you have insurance on the car and insurance normally has liability built into it. So the best chance they have of getting someone to pay for this is to ask you for it first.

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