If you have been involved in a motor vehicle accident you may have potential claims against not only the driver of the other vehicle involved, but the owner of that vehicle even if the owner was not also the driver.  You simply need an experience trial attorney to advise you on the issue of agency.

New Jersey adheres to the common-law rule that the owner of a motor vehicle is not liable for the negligence of a permissive user unless the driver is acting as the owner’s agent or employee.  Fu v. Fu, 160 N.J. 108, 118 (1999) (citing Haggerty v. Cedeno, 279 N.J. Super. 607, 609 (App.Div.), cert. denied, 141 N.J. 98 (1995).  For an agency relationship to exist, there must be authorization by the principal for the agent to act on the principal’s behalf, and the agent must consent to act on the principal’s behalf.  Dean Kaufman, Inc. v. American Mach. & Foundry Co., 102 N.J. Super. 1, 11 (App.Div. 1968).  While a presumption exists that the driver of a vehicle is an agent of the vehicle’s owner, that presumption can be rebutted by the owner.  Kauffman v. Gullace, 252 N.J. Super. 467, 472 (App. Div. 1991); Harvey v. Craw, 110 N.J. Super. 68, 73-74 (App.Div.), cert. denied, 56 N.J. 479 (1970); Nicosia v. Marangi, 13 N.J. Super. 550, 554 (App.Div. 1951). Where the owner of a vehicle puts forth uncontradicted proof that the automobile was not being used by the driver in the course of any employment or agency relationship, summary judgment for the owner should be granted as a matter of law.  Nicosia, supra, at 554.

Here at V&L we know how to investigate your case and dig for facts to establish whether the owner of the vehicle is liable under a theory of agency.  Do not just assume your lawsuit is against the drive alone! Call us first to discuss your case for free.