Before You Let Someone Drive Your Car, Consider This!

If you let another person drive your car, motorcycle or other vehicle and they cause an accident, are you liable? The answer might be "Yes, you are!"

There is a legal theory called "negligent entrustment" that could be used to place the responsibility upon you for the injuries and damages in this situation. When you lend your vehicle to another person who is negligent, 'reckless, incompetent or unfit,' and they cause an accident, the liability may fall on you!

The following are a few examples of what may constitute reckless, incompetent or unfit:

If the driver is intoxicated (or even likely to become so), then there may be a case for negligent entrustment.

Another instance of possible negligent entrustment could occur if you loaned your car to someone with an illness or condition that makes driving a hazard, such as seizures or falling asleep at the wheel. This can also apply to elderly drivers who are unfit to drive.

Loaning your vehicle to an unlicensed, inexperienced or underage driver may also give rise to negligent entrustment.

Also, lending your car to someone with a history of reckless driving can fall within this category, too.

If the person bringing the lawsuit (the plaintiff) can prove that you knew, or should have known, that the person driving your vehicle was reckless, incompetent or unfit when you gave permission, the responsibility for damages may be yours. In many cases, if the person is merely negligent you can be held liable.

If you have been injured by someone borrowing the car of another, call our office today to discuss your case with our experienced personal injury attorneys.

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