Am I Liable If Someone Driving My Car Gets into An Accident?
Oftentimes, clients or friends come to me and ask me if they can let a family member or friend borrow their vehicle. For most, I am sure you can recall a time that a friend or family member asked to borrow your vehicle to make a quick run to the grocery store or post office. Or maybe as a parent, you can recall a time when your son or daughter asked to borrow your car for the night. Although it is understandable that you want to help your family member or friend, there are some risks involved with allowing another driver to borrow your vehicle. For example, imagine that you allow your friend or family member to borrow your vehicle and they cause a car accident. You may have some questions regarding liability in the event of an accident. You may be surprised to find out that in Florida, a car owner can be held liable for any injuries or property damage caused when another driver causes an accident while operating the car owner’s vehicle. In the state of Florida follows a legal doctrine known as the dangerous instrumentality doctrine. In this blog post, we will discuss liability for accidents that occur when a car owner allows someone else to operate their vehicle.
Dangerous Instrumentality Doctrine in Florida
First of all, you may be wondering what a dangerous instrumentality is and what types of vehicles fall within that category. In Florida, all the following are considered to fall under the dangerous instrumentality category: cars, motorcycles, trucks, buses, golf carts, airplanes, and any other motorized vehicles that are uniquely dangerous in their operation. The purpose behind the dangerous instrumentality doctrine is to make sure that anyone who is harmed or has their property damaged by the negligence of a driver can be compensated, even if the driver is not the owner of the vehicle. It is premised upon the theory that an individual who originates the danger by allowing another individual to use their vehicle is in the best position and likely has adequate resources with which to pay the damages caused by its negligent operation. Plain and simple, if you allow someone to use your vehicle, you need to be aware that there are financial risks to doing so. To hold a car owner liable under the Dangerous Instrumentality Doctrine, such a person must have an identifiable property interest in the car that is involved in the accident at issue. The most common basis for establishing an identifiable property interest in a vehicle is identifying who is listed on the title of the vehicle. As such, the name that appears as the owner of a vehicle on its Certificate of Title can create legal ramifications. For instance, if your son asks you to borrow your corvette for the weekend while you are out of town, you may be inclined to allow him to borrow your car. However, before doing so, understand that if your son causes an accident with another vehicle, you as the owner of the corvette would be financially liable for any injuries or property damage if your son is at fault for the accident. You may now be thinking twice about lending your motor vehicle to a friend or family member!
Contact Our Florida Accident Attorneys Today
Did you recently let another person borrow your vehicle only to find out that they got into an accident? If you happen to find yourself in this situation, you probably have a lot of questions regarding insurance coverage, the insurance claims process, and what you should be doing in the days, weeks, and months after an accident. At Suarez & Montero, we have all the answers to your legal questions. We can also assist you in obtaining compensation for your injuries after a car accident if you were a passenger in the accident. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation! At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accidents and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
