I let my brother borrow my car. Unfortunately he was involved in motor vehicle accident. My brother was not hurt, but the other driver was injured. The other driver has sued me and my brother for personal injuries. I was not driving nor was even in the car. I am the owner. Why am I being sued?
The injured party is suing you because when you lend your car, you, as the owner, are responsible for the negligence of the person who was driving. In a prior post, there was a discussion about a company being responsible for the negligent acts of their employees under the doctrine of respondeat superior. But as mentioned in that prior post, there are statutes which make one person (or company) responsible for the negligent acts of another person.
Vehicle and Traffic Law section 388 states the owner of a vehicle will be responsible for the negligent acts of the driver, provided the owner gave permission to use the vehicle. If someone steals a car and causes multiple accidents, the owner is not responsible for the acts of the thief.
So the moment you gave the keys to your car to your brother, you became responsible for his actions behind the wheel of your car.
There are some exceptions in the law, like a big exception for car rental companies.
Disputed Permissive Use
Owners can dispute permissive use. For example, when the driver lives in the same household as the owner, but the driver never asks permission to use the vehicle. In those type of cases, the owner almost never reports the car stolen. A series of factors determine if the owner gave permission and would be responsible. Did the driver borrow the car on prior occasions? Did the driver know that the keys were accessible in a public place in the home? Had the owner ever explicitly warned the driver to never use the car?
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.