Think Twice About Allowing Another To Drive Your Car
What is a car owner's potential liability for an
auto accident
caused by the permissive user of the owner's car? The answer depends
on the facts. Let us say that you own a car and that you give Mr. Smith
permission to drive your car. If Mr. Smith drives the car in a negligent
manner and causes an auto accident and personal injuries to the other
driver, both you and Mr. Smith can be held liable for all the damages
caused by the accident. These damages can include compensation for pain
and suffering, medical bills, loss of income, and property damage. What
if the fault free injured driver files a lawsuit against you and Mr. Smith?
What if the jury awards the injured driver $100,000.00? California Vehicle
Code Section 17151 says in part that the registered owner of a car who
loans the car to another driver can only be held liable for damages to
one person in the amount of $15,000.00. So you as the owner can only be
forced to pay $15,000.00 of the verdict. That doesn't sound so bad.
Right? Not so fast. What if you as the registered owner of the car decided
to loan your car to Mr. Jones who you knew or should have known was an
incompetent or unfit driver? Then assume that Mr. Jones's incompetence
or unfitness was a substantial factor in causing an accident and personal
injuries. In that scenario you as the registered owner can be held liable
for more than $15,000.00 under the legal principle of Negligent Entrustment.
Therefore it is important to be careful who you allow to drive your car.
If you know or have reason to know that your friendly neighbor likes to
have a, "a few for the road", or has a "heavy foot",
you should never lend that person your car. Call the Palm Springs and
Palm Desert personal injury lawyer, and auto accident lawyer at Barry
Regar APLC for all your questions about accident and injury law.
Posted By
Barry Regar APLC
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