It is not uncommon for people to lend their car to a friend, relative, or colleague when they need it as a favor to get things done. Mostly, everything goes smoothly and they return the car keys back to you. Unfortunately, sometimes, the person borrowed your car causes an accident where they are found at fault. Being the owner of the car, in many cases, you will be held liable for the damages the other driver sustained even when you weren’t driving at the time of the accident. This is known as vicarious liability. This is why it is essential to carefully consider who you give your vehicle as their mistake can cause you a lot of trouble.
Who is covered under your Car Insurance?
It can be quite confusing to determine who is covered by your insurance to drive your car. Most people think that insurance coverage is for the driver, when in reality, it is for the car. As a rule of thumb, anyone living in the same household is covered. As for the relatives and friends who use your car every once in a while, they will also be covered under the permissive use concept. It means that if you give a person permission to drive your car, they will automatically be covered by your vehicle’s insurance.
Some common examples where the owner of a car can be vicariously liable for paying the damages are:
- When the owner knows about the recklessness or incompetence of the driver, and lets them drive their car anyway
- When an employee is driving a company car to perform a business task
- When the owner knows about potential vehicle defects, but allows the drive to use the car.
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However, if you don’t give permission to a driver for taking your car, you won’t have to pay for the damages. A good example is if your car gets stolen and the thief crashes your car. In this case, your insurance will only cover the damages to your own vehicle.
Vicarious Liability and Family Members
In most states, the head of the family or the parent is held liable when a family member crashes the owner’s car, and causes injury to the other driver. If a parent knows about their child’s unsafe driving habits but still lets them take the car and they get in an accident, the parent will be vicariously liable.
Vicarious Liability and Employment
An employer will be held liable for their employee’s negligence in an auto accident, if they know they are an unlicensed and reckless driver. Also, if the employee is on driving the company’s car to complete a task related to their work or there is a defect in the vehicle which the employer already knows about, they will be held accountable for paying the damages.
If you have loaned your car to a family member or friend and they have been involved in an accident, it is recommended you seek legal assistance from an attorney. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation and discuss your auto accident case.