If the other driver involved in your car accident is the owner of their vehicle, then they may be responsible for your damages. However, when the at-fault driver is driving another person’s car at the time of an accident, you may be able to bring a claim against the driver and the vehicle owner.
An car accident lawyer in Fort Lauderdale can help you identify all potentially liable parties in your case and fight for compensation on your behalf.
When a vehicle owner is liable for an accident
In general, the owner of the vehicle involved in the accident that hurt you is also liable for your damages. This can get complicated depending on unique factors that may be involved in your situation. Some of the variables that could impact whether the vehicle owner owes you compensation include:
- Whether the driver had permission from the owner to use their vehicle
- Whether the vehicle was stolen
- The type of insurance that the driver and owner have and the coverage limits that it provides
- Whether the driver was working for the owner at the time of the accident
It can be hard to track down this information after an accident, especially if painful injuries and other disruptions in your life are holding you back. personal injury attorney in Fort Lauderdale can review your claim and help you determine whether any of these factors may impact your right to recovery.
Vicarious liability in car accidents
One of the most common situations where the owner of the vehicle can be held liable is when the driver is working for the owner at the time of the accident. This is due to a legal concept in Florida called vicarious liability.
In general, an employer is liable for the careless acts that their employees commit during work. If a delivery driver is distracted behind the wheel because they are looking at a map and they cause an accident, then both the driver and their employer may be held liable.
It can be difficult to establish an employer-employee relationship in some situations and may require a thorough investigation. A Fort Lauderdale car accident lawyer from our firm can assist you with investigating the relationship between the driver and owner to determine what parties you can pursue for compensation.
Filing an insurance claim
Florida drivers are required to maintain certain auto insurance policy limits, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Both the driver and the owner may have insurance policies that can provide you with payments for your injuries and expenses. You may need to review each policy to determine the scope of coverage, file multiple insurance claims, and provide documentation of your injuries and damages to the insurance companies involved in your case.
In some situations involving multiparty liability, each insurance company may claim that the other party’s insurer should pay for your damages instead of them. This can be incredibly frustrating for an accident victim who simply wants to receive the compensation they may deserve for their expenses.
While you focus on healing, your Fort Myers personal injury lawyer can hold each insurance company responsible and handle the day-to-day communication involved with making a claim. Your lawyer can also help you prepare and file all of the necessary paperwork.
Compensation that may be available in a car accident
There are many different categories of compensation—also called “damages”—that you may be able to claim in a car accident case. It is important to identify all of your damages because once the lawsuit is complete or you accept a settlement, you may not be able to go back and seek more compensation from the same party.
In general, you can seek compensation for any expense reasonably related to the accident and your injuries. This may include:
- Medical bills
- Lost wages for time missed at work
- Reduced earning capability
- Pain and suffering
- Reduced quality of life
- Property damage
Working with a Fort Myers car accident lawyer can help you understand more about what kind of financial recovery you may be able to receive.
