I-5 - Highway Victims Indemnity Act

Section 3 Disposition versions

1977-12-31

3. The owner of an automobile is responsible for all damage caused by such automobile or by the use thereof, unless he proves:

(a)  that the damage is not imputable to any fault on his part or on the part of a person in the automobile or of the driver thereof, or

(b)  that at the time of the accident the automobile was being driven by a third person who obtained possession thereof by theft, or

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

The driver of an automobile is responsible in like manner unless he proves that the damage is not imputable to any fault on his part.

Damage caused, when the automobile is not in motion on a public highway, by apparatus incorporated therein that can be operated independently or by the use of such apparatus is not contemplated by this section.

R. S. 1964, c. 232, s. 3.

Section 3 of this act remains in force, but only for the purposes of the second paragraph of section 201 of the Automobile Insurance Act (chapter A-25). (1977, c. 68, s. 203).