A-25 - Automobile Insurance Act

Section 108 Disposition versions

1978-03-01

108. The owner of an automobile is liable for the property damage caused by such automobile.

He cannot rebut or reduce such liability unless he proves:

(1)  that the damage has been caused by the fault of the victim or of a third person, or by superior force other than that resulting from the condition or the running order of the automobile, or from the fault or the state of health of the driver or a passenger;

(2)  that, at the time of the accident, he had lost possession of his automobile by theft and that he had not yet been able to recover it, except, however, in the cases contemplated in section 103;

(3)  that at the time of an accident that occurred elsewhere than on a public highway, the automobile was in the possession of a garagist or a third person for storage, repair or transportation.

In the cases contemplated in subparagraphs 2 and 3 of the second paragraph, the person in possession of the automobile is liable as if he were the owner.

The liability of the owner extends even beyond the minimum compulsory amount of insurance; the insurer is directly liable towards the victim for the payment of any indemnity that may be payable to him, up to the amount of the insurance subscribed.

1977, c. 68, s. 108.