In Florida, an employer as well as vehicle owner is legally responsible for acts of their employees committed within the “course and scope of their employment” when the employee injures someone who is not a fellow employee and under the “permissive use” doctrine when the driver of your car injures an innocent third party. The doctrine applies only when the owner allows the driver to operate the vehicle (“permissive use”). Therefore, if your vehicle is being operated without your permission, the doctrine does not apply. For example, if your vehicle is stolen and subsequently involved in an accident, you are not liable under the doctrine. What is the Florida Dangerous Instrumentality Doctrine? Dangerous instrumentality refers to the doctrine that holds the owner of an inherently dangerous tool or vehicle responsible for any injuries or damage the tool or vehicle might cause. This legal concept is also known as vicarious liability. Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency or respondeat superior, the responsibility of the superior for the acts of their subordinate
So many different theories or doctrines to consider, which means in Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver’s vehicle personally or the company employer. Even if the at-fault driver has insurance, the injured person can still file a lawsuit for their damages against both the at-fault driver and the vehicle owner or employer.
However, as it affects an individual Floridian car owner versus a business-Whenever someone is driving your car with your permission, your car insurance will be primary. This means that if the permissive driver gets into an accident, your car insurance will cover the damage in much the same way as though you were driving it. Again, this generally only applies if you gave them permission to drive your car. This means that, provided the vehicle’s owner gave permission to drive their car and their policy does not specifically exclude said user, their insurance should cover the accident.
Because of the foregoing, when we settle with a driver who is underinsured, we request them to complete a Sworn Statement or Financial Affidavit, which asks whether they were in the course of employment or there are any other available policies of insurance at the time of the subject accident, which may provide additional coverage.
If you have are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!