Who Is Liable if Someone Borrows My Car?
Posted on Dec 2, 2014 5:15pm PST
When you purchased your car, you went through a lot of effort to ensure that this property was linked to you. From registration to car insurance, a quick check can determine the owner of a car. What happens when you, as the owner of the car, allow someone else to get behind the wheel of your property and drive? What happens when that person gets involved in a car accident in your vehicle? The biggest concern is discovering who is liable for the accident.
Proving Liability When You Were Not Driving
Liability refers to who is responsible for the actions that occurred, and liability is by no means cut and dry. There are different types of liability that exist in any situation. When you chose a car insurance provider, you determined how much payment you would be responsible for if the accident was your fault. You may have included a spouse or a child on your insurance plan to cover them if they got into an accident in your vehicle. Anyone that is driving your car but is not involved on your insurance policy is not covered. Should a driver get into an accident using your vehicle that is not on your insurance policy, you may be held liable for the accident.
The next step is determining who was behind the wheel and whether they had permission to drive. If your car was stolen, then it is likely you will not be held liable for any damages that occur. If you tell someone they can use your vehicle only with your permission and they do not get that permission, you will likely be held liable.
Those that often get behind the wheel of someone else's car includes:
- Your spouse and children
- Others living at your address
- Neighbors or relatives that may have keys to the vehicle
- A third party that has been given the keys by someone you have given permission to
When someone has borrowed your car with your consent, implied or otherwise, it means that you have given them permission to act under your liability.
What affects liability?
How responsible you may be for the accident may also rely on whether you knew the driver was a liability or if the driver was employed by you. If you have allowed an underage driver, someone driving under the influence, or someone whose license is suspended to drive your vehicle, it shows you have been negligent in entrusting the vehicle to another. Further, if you employ a driver, their accident may be your fault under the idea that you are responsible for their actions as their employer.
If you are facing liability in a car accident caused by someone else, contract a car accident attorney right away. Depending on the laws of your state and the liability coverage options of your insurance, there are a number of different ways that liability can apply.