Who is Liable for Damage to a Car Driven With the Owner's Permission in Florida?
Full Question:
Answer:
We’re assuming the truck was uninsured for property damage. The Florida dangerous instrumentality doctrine is applied in cases of damage to a third party, rather than damage to the owner’s own vehicle. It may be possible to hold the truck owner liable or partly liable if there was a problem with the truck which contributed to the accident and that the owner knew or should have known about, or if he should have known that you were a negligent driver. However, generally, a person who causes an accident with a loaned vehicle is liable for damaging that vehicle. At trial, you may request documentation of the repair estimates, or seek estimates of your own to counter the amount claimed.