Vicarious Liability

1
Vicarious Liability

• Liable because of relationship to driver, not
  because of own negligence.
• Agency principle.
• Family-purpose doctrine.
• Owner consent statute (GS 20-71.1).

2
Automobile Negligence Damages Property Damage

• Damage to property
• measure of damages difference between fair
  market value immediately before and after
  accident.
• estimates of or actual cost of repair may be
  considered.
• Loss of use of vehicle

3
Automobile Negligence Damages Personal Injury

• Medical expenses
• all health care provider, hospital and drug bills
  reasonably incurred as consequence of injury.
• Loss of earnings
• Pain and suffering
• fair compensation by applying logic and common
  sense to evidence

4
Collateral Source Rule

• Fact that medical bills paid by some collateral
  (other) source does not deprive plaintiff in
  automobile negligence case from recovering the
  expenses paid.
• Common collateral sources
• employer - health insurance
• med pay

5
Uninsured Motorist Coverage

• Own company pays for uninsured driver and owners
  negligence.
• Plaintiff in negligence lawsuit is injured party,
  not insurer.
• deductible
• real party in interest
• insurance company proper but not necessary party
• exception when insurer pays total recovery