In car accidents it is often the case that the person driving the car is not the owner of the vehicle.

Plaintiff's subrogors were injured when the son of the defendant negligently operated his mother's motor vehicle which resulted in an accident causing serious physical injuries to the insured individuals. Plaintiff paid for the uninsured and no-fault benefits and commenced this action against the defendant owner and defendant driver.

A default judgment was entered against the driver-son for failure to appear or answer and against the owner-mother for failure to appear at trial. The defendant-mother then moved for vacatur of the default against her claiming she had a good defense because she was not driving the car at the time of the accident. The Civil Court granted her motion. The Appellate Term reversed.

The appellate court held that, in car accidents, the responsibility for harm resulting from the operation of a motor vehicle is placed upon the owner and that there is a rebuttable presumption that the operator of the vehicle had the owner's consent at the time of the accident. Since the defendant-owner failed to present evidence to rebut that presumption her mere assertion that she was not driving at the time of the accident did not present a meritorious defense to vacate the default against her.

Allstate Insurance as Subrogee v. Jackson, NYLJ, 2/1/12, 26:4