It is fairly common for owners to lend their vehicles to other drivers when there is
a need. For example, relatives or friends who are visiting from out of town may have a need for a vehicle. A co-worker or friend may borrow your pickup truck to help move. While it may not be a big deal most of the time to have someone borrow your car, things can get complicated very soon if that person is involved in a car accident while driving your vehicle. It gets even more complex if the accident results in injuries to others.
There are a number of questions that may arise in such situations particularly relating to liability. Here are a few of those questions answered.
Did the driver have the vehicle owner’s permission to borrow the vehicle?
One of the most important factors that must be considered while determining liability for a borrowed vehicle accident is whether the vehicle’s owner gave the at-fault driver permission to use his or her vehicle. Generally speaking, a vehicle owner may be held liable for damages if he or she gave the at-fault driver permission to use the vehicle.
Then, there is the question of implied permission. While most drivers who borrow a vehicle do so with the owner’s permission, there are some cases where the permission may not have been directly given. Instead, there was implied permission. For example, a person who might occasionally lend his or her car to a roommate may leave the car keys in a common area of the house. In such cases, there is implied permission that the roommate may borrow the car anytime they please.
Can a vehicle owner be held negligent (careless)?
There are also situations where a vehicle owner may lend the vehicle to a person who has a known or well-established history of reckless or negligent behavior such as speeding or impaired driving. This is known as “negligent entrustment,” which means the vehicle owner knew this person posed a risk of causing an injury crash because of his or her history of poor judgment and negligent (careless) behavior, but still allowed the person to borrow the car.
Whose insurance will cover injuries and damages?
You can file a third-party claim through the bodily injury liability insurance of the at-fault vehicle or driver. If the driver does not have liability insurance, the financial responsibility may fall on the vehicle’s owner. It is worth noting that in many cases people who borrow vehicles because they don’t have a vehicle of their own tend not to have auto insurance as well.
Do you need a lawyer?
If you were injured in a car accident caused by a negligent (careless) driver who was in a borrowed vehicle, it would be in your best interest to speak with an experienced New York car accident lawyer who will stay on top of the official investigation and help ensure that your rights are protected. Insurance companies often try to avoid paying these claims by passing the blame around. That’s why you need a knowledgeable and reputed lawyer on your side who will fight for you.
Contacting an Experienced Lawyer
Injured victims of speeding or reckless drivers can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in car accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured in a car accident or pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For 50 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com