Legal Question in Insurance Law in North Carolina

Re: Personal injury in a motor vehicle accident

Wow. That raises a lot of questions. As to whether the owner is responsible "maybe." Under North Carolina law, there is a "presumption" that the driver was acting as an agent for the Owner, but this is "rebuttable." As a practical matter, you could always have this ultimately decided by a jury. Also, if the owner was "negligent" in entrusting the vehicle to the driver, then the Owner is independently negligent and is liable (e.g. if the driver was a habitually bad driver). Finally, I should mention that your more pressing concern is where you can recover funds from. At the outset, you can recover from the Driver's Liability Insurance, the Owner's Liability Insurance (even if the Owner is not liable!), and your own "underinsured motorist" coverage, depending on the coverages and your damages. Your only real reason to be able to sue the owner is if the insurance money is not enough AND there would be funds to collect from the Owner. You really need a lawyer with that degree of injuries to preserve your claim and maximize your recovery and to explore the insurance coverage available.