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Can I Recover Damages if I Don't Own the Defective Car Involved in the Accident?

Yes, you may be entitled to receive damages even if the car does not belong to you. However, you will have to prove that the component was unreasonably dangerous, that you were operating it as intended and were not aware of the defects, and that you suffered losses as a result of the accident.

Vehicle accidents can become complicated legal matters due to several factors. The most frequent cause of vehicle accidents is driver error. However, in certain circumstances, an automotive defect can be the cause of the accident or can further contribute to injuries in the event of a crash.

Even if the defective vehicle involved did not belong to you, you may still be eligible for a product liability claim. If the manufacturer has issued a defective car model or a car that had a defective part, you may recover losses for injuries that may have been caused by that specific problem, even if the vehicle does not belong to you.

For product liability claims against an auto manufacturer, you will need to prove that:

  • the defective car or component was "unreasonably dangerous";
  • you were operating the vehicle under the intended use;
  • the vehicle had not been substantially changed/technically modified since the initial purchase;
  • you suffered a physical, financial or emotional loss as a result of the defect;
  • you were not aware of the defects.

The damage caused in case of an accident in someone else’s car can be paid depending on:

  • who is liable for causing the accident
  • the policy terms employed by the insurance company involved
  • the type of insurance coverage that is in place.

If you have been injured, you are entitled to compensation covering your medical, financial, and emotional losses. However, you need the help of an experienced lawyer to prove liability and hold the appropriate party responsible.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.