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Diplomatic Driver in Accident
In New York, the owner of a motor vehicle is vicariously responsible for damages that another party suffers as a result of an accident. Other states, such as Michigan, have similar rules. The common law absolves the owner in most instances of such liability. Recently, the federal court of appeals for the third circuit held that the interest of New York in its vicarious liability rules is strong enough to subject out of state owners to its laws even if a car rental and an accident occur outside of New York. On May 5, 2005, the highest court of New York arrived at the same result in a matter involving a driver who is a diplomat.
In the matter of Svetlana Tikhonova v. Ford Motor Company, docket number 54, the court held the owner vicariously liable for the damages suffered by a passenger in the car driven by a Russian diplomat who enjoyed immunity from suit under 22 USC §254d. Ford argued that the owner could not be vicariouly liable if the driver was immune. The passenger would be limited to collecting damages from the driver's or embassy's insurer, under 28 USC §1364.
The court held otherwise, relying on the language of §388 of the New York Vehicle and Traffic Law and dismissing Ford's argument that the exceptions carved out by courts to the rule should apply, such as those for co-employees or emergency workers.
- by Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington, DC.
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