- Car Accidents
Imagine you are hit by a car and when it comes to exchanging insurance information, the driver tells you that they borrowed the car from a family member. Who is liable to pay for your damages? Would it be the driver or the owner of the vehicle? Borrowed car accidents can lead to confusion about liability and legal responsibility.
An experienced Fayetteville auto accident lawyer will discuss in this article who is liable in an accident with a borrowed car. We believe that understanding your rights as a driver could make all the difference when it comes to dealing with insurance claims and legal disputes.
The Main Issue: Did the Driver Have the Owner’s Permission to Use the Car?
The main issue in a borrowed car accident case is whether the driver had permission to use the vehicle. If the owner gave explicit consent for the driver to use their car, then they may be held liable for any damages caused by the driver. However, if there was no permission granted, then it’s likely that the driver will bear most of the responsibility.
It’s important to note that permission can come in various forms – it could be verbal or written, and some insurance policies may have specific rules around who is allowed to drive a borrowed vehicle. In cases where there is uncertainty about whether permission was given or not, an investigation into communication between parties and other evidence may need to take place.
Ultimately, determining whether there was valid consent for the use of a borrowed car can be critical when deciding liability in an accident case. It’s always best practice for both parties involved to have clear communication and agreement before allowing someone else behind the wheel of their vehicle.
Vicarious Liability if the Owner Allowed the Driver to Use Their Car
When someone loans their car to another person, they are essentially entrusting that person with their property. The owner of the vehicle must have given permission for the borrower to drive it in order for this scenario to apply. In such cases, if an accident occurs and the driver is found at fault, both parties may be held responsible.
Vicarious liability is a legal term used when one party can be held accountable for the actions of another. This applies in situations where the borrower had permission from the car owner to use their vehicle. If an accident happens while driving a borrowed car with permission, then under vicarious liability laws, both parties could potentially face legal action.
The reason behind this law is simple: when you lend your car out to someone else – whether it’s a friend or family member – you are effectively putting them in control of your property and therefore sharing some responsibility for its use.
It’s important to note that even if you didn’t explicitly give permission but allowed access (i.e., left keys lying around), vicarious liability laws still apply as long as there was an expectation that your car would be driven by others.
However, just because someone has been granted access doesn’t mean they should necessarily drive it. Next, a Fayetteville accident lawyer will discuss negligent entrustment and how it pertains to a borrowed car accident.
Negligent Entrustment
Negligent entrustment is a legal concept that holds vehicle owners accountable for negligently lending their vehicles to someone who causes an accident or injury while using the car. To prove negligent entrustment, the plaintiff must show that the owner knew or should have known that the driver was not competent to operate a vehicle safely.
This negligence can come in several forms, such as allowing an unlicensed or inexperienced driver to use the car, loaning out a vehicle after knowing about previous accidents or traffic violations committed by the borrower, and even knowingly letting someone who has been drinking use their car.
Excluded Drivers
Excluded drivers are those who are specifically excluded from the insurance policy of a car. This means that if an accident occurs while this type of driver is behind the wheel, the owner’s insurance company will typically refuse to cover any damages or injuries sustained in the crash.
Excluded drivers can include household members who have a poor driving history or have been involved in previous accidents. Additionally, individuals with suspended licenses or criminal convictions may also be listed as excluded drivers on a policy.
Stolen Vehicle
If a car was stolen at the time of a crash, things can get complicated. This is no longer a case of a borrowed car accident. In this situation, liability for the accident may fall on the thief rather than either party involved in the collision.
However, it’s important to note that if there is evidence that negligence on behalf of the car owner played a role in the theft of the vehicle, they could still be held liable. For example, leaving keys in an unlocked car or failing to properly secure and park a vehicle could be seen as negligent behavior.
Also, it is the car owner’s responsibility to prove that their car was stolen at the moment when the accident happened. A simple statement is not sufficient – they must have evidence, such as reporting the car theft to the police before the accident happened. Of course, if the thief caused your crash within a short time after stealing the vehicle, the theft report may happen at the same time or a little later after the accident.
What If the Insurance Doesn’t Want to Pay?
Dealing with a borrowed car accident can be complex, and determining who is liable may require the services of an experienced Fayetteville accident lawyer. One of the key complications that may arise is the insurer’s refusal to accept your claim. As explained above, they can invoke various valid or invalid reasons to deny your claim.
An experienced Fayetteville accident lawyer will find the necessary arguments to counter the adjuster’s invalid reasons for refusing to pay for your damages. If there is no chance of reaching a settlement, your Fayetteville accident lawyer will ultimately direct you to sue the liable parties personally.
In many cases, there won’t be a trial. Faced with supplementary legal costs, many insurers agree to settle a borrowed car accident claim.
Let an Experienced Fayetteville Accident Lawyer Help You Recover Damages!
With over 70 years of combined experience, the legal team at Wade Law has assisted clients with the most complex cases – including borrowed car accidents.
Remember that time is of the essence when dealing with such a complicated situation. The lawyer must have time to identify the liable parties, file your claim and negotiate with the insurance company. If they refuse to pay, your Fayetteville accident lawyer must still have sufficient time to prepare your case for court.
If you were injured in a borrowed car accident, reach out to us. We offer each new client a free case review, so call us at 770-282-1188 to schedule your initial appointment!
