If the owner of a vehicle (Car A) is NOT the driver of the vehicle (Car A) but another person who is not the owner of Car A is driving the Car A and has a collision and then runs away.
The owner of Car A only knows the driver as Bob and no other detail (met in a pub and he agreed to drive Car A to house with owner of Car A ).
The Car A has no insurance save for third party rego, can Car B and Car C that were hit in collision demand money from Car A owner.
Police did not charge Car A owner as driver.
Car A - Not Insured
Car A hit Car B & C they are insured
Is there any case law that gets Car A owner off the hook?
Thanks
Thank you for the question,
We assume that no one was injured in the accident.
Usually, damages are recovered from the driver of the vehicle that caused the accident. If the driver cannot be identified, it would seem that your client as the owner will be pursued either by the owners of cars B and C directly, or their insurers after claiming on their comprehensive policy. The principles of agency and vicarious liability apply in determining whether the owner will be liable.
See the decision of the High Court in Soblusky v Egan (1960) 103 CLR 215 for a good overview of agency and vicarious liability in relation to motor vehicles. This case considers a line of cases where owners of vehicles have been held liable for injury and damage caused by drivers (at 229-231).
Regards
Mentor
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