If you lend your car to one of your friends – or they just happen to drive it -, and an accident happens, can you be held liable for it?
Many drivers – both rookies and professionals – often wonder what happens when their vehicle registered under their name is involved in a car accident. As we've seen in movies, if someone steals a car and gets into a hit-and-run, the car's actual owner gets in trouble.
Now, let's take a look at what happens in the real world and if you should be worried the next time you lend your car to your friends!
The Owner and the Driver
Personal injury lawyers will tell you loud and clear that, as the owner of a vehicle, you cannot be held liable for something that happened while you were not driving your vehicle.
You cannot be sued or involved in any personal injury claims! However, given how insurance policies work, yours may be somewhat affected if your friend crashes your car and ends up hurting someone.
It is also best to consult a car accident lawyer from Boston if you have questions about liability.
Insurance Coverages
Insurance coverages come into play when someone gets injured in a car accident. Depending on the circumstances, the driver's coverage may be the only one affected. Still, the owner's coverage may be taken into account as well.
- Driving with Permission - the first insurance coverage scenario implies the owner giving the driver permission to drive their vehicle. In this case, an accident with an injured person will affect the owner's insurance coverage first. If that coverage doesn't cover all the damages, the driver's coverage will be taken into account.
- Driving without Permission - If the car owner has no idea that someone else is driving their vehicle, they cannot be held liable for whatever happens. Naturally, this also implies that their insurance coverage and premium won't get affected by any accident!
Trusting a Reckless or Negligent Driver
Things get a bit more serious if the owner allows a reckless, negligent, or drunk driver to drive their car.
If the authorities can prove that the owner let an irresponsible driver behind the wheel of their personal vehicle, then both the owner and driver will be held fully responsible if someone gets injured in an accident.
Obviously, the owner is responsible for letting the irresponsible/drunk person drive a vehicle. The latter is responsible for allowing themselves to drive while drunk and for most of the accidents as well.
The Bottom Line
In short, if you want to avoid being held responsible for damages caused by someone else driving your car, it is better if you don't borrow it at all!
Also, make sure that you don't allow other people to drive your car if you're drunk and know you shouldn't be doing so. The chances are that, if you're at a party, most of the people surrounding you are drunk and not fit to drive a car.
In the last scenario, it is recommended to have an appointed driver named long before you get to the party!
References and Sources
https://www.theparrishlawfirm.com/faqs/who-is-liable-in-a-car-accident-the-owner-or-driver/
