Car Accident - Owner or Non-Owner Driver Liable for Damages?

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Curious1980

Member
14 June 2015
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0
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Hi.
The thread title says it all really. Basically, I want to borrow my friend's car for an extended period of time without him having to third-party insure it, and without him having to be liable for any damage incurred while I'm driving it.

So the question is: If I drive my friend's car for an extended period of time without either of us having any form of car insurance, and I have a car accident, is my owner-friend automatically liable for damages resulting from an accident or will (can) the non-owner driver (myself) be liable?

If he is automatically liable as the owner, is there anything that can be done legally before I drive the car to protect him from liability?

Hope this makes sense and thanks for your time.
 

Sarah J

Well-Known Member
16 July 2014
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2,389
Melbourne, Victoria
Hi there,

It is supposed to be the driver. However, if the other driver (in the accident) cannot find the driver, they may go after the owner of the car, or both. You and your friend can have an internal arrangement between you two (in writing) to state who pays for any damage to the car during this period. If your friend is sued by the other driver for damages, your owner-friend can later claim reimbursement from you.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Your friend may still need to pay damages to the third party and have all the hassle that entails, then you reimburse him.

Why not have him setup the monthly insurance and you pay the insurance, giving him receipts of each payment as they happen?