Difference between revisions of "Duties after a Motor Vehicle Collision (13:IV)"

Although the driver of a motor vehicle is primarily liable for damage caused by that motor vehicle, under MVA s 86, the owner (or lessor or lessee) will also be vicariously liable for damages caused by that motor vehicle if the driver had the owner’ s express or implied consent to drive. If the driver lives with and is a member of the owner’ s  (or lessee’ s) family, the driver is deemed to have the implied consent of the owner (or lessee). NOTE: It has been argued that the vicarious liability provisions of the MVA create a contractual master-servant relationship between owner  and driver, an implied term of which is to drive with reasonable care and to indemnify for losses arising from any breach. However, the courts  have held that this does not give an owner a right of indemnity (compensation) against a negligent driver who drives with the owner’ s consent: Labentsoff v Smith, [1969] BCJ No 455, 71 WWR 304 (BC Co Ct). The owner and driver are held to be joint tortfeasors. C.For Offences Pursuant to MVA ss 83 and 88, the owner of a motor vehicle is liable for any violation of the MVA or MVAR unless he or she can prove that: a)he or she did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (MVA s 83(3));  b)although the registered owner, he or she is not the actual owner (MVA s 83(5)(b)); or c)the person committing the offence was not the registered owner’ s  employee, servant, agent or worker (MVA s 88(3)). Under MVA s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment. Under s 83(7), no owner is liable if the driver was convicted under the MVA for: a)driving without a license or without the appropriate class of license (s 24(1)); b)driving while prohibited by order of peace officer or Superintendent (s 95); c)driving while prohibited by operation of law (s 102); d)impaired driving (s 224); or  e)refusing to give a blood sample (s 226(1)).  Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on him and further relief cannot be sought against the owner of the vehicle.  D.Stolen V ehicles If a motor vehicle is stolen, both ICBC and the police should be notified immediately. However, if the owner suspects or knows the identity of the person who allegedly stole the vehicle, the police may be reluctant to pursue the matter. The owner should insist that the matter be investigated.