Are You Responsible If You Lend Your Car

LENDING YOUR CAR | BORROW VEHICLE | INVOLVED IN WRECK

A car is loaned out and the car is in an accident with injuries. A Virginia accident attorney discusses the law.

When you loan a car in Virginia you may be responsible for the negligent acts of the driver under certain circumstances. A Virginia accident attorney discusses those circumstances under which you may be liable.

You should never lend your car to a person who is considered an unfit driver. If that unfit driver is involved in an accident caused by their negligence, which is a result of the unfitness, the person lending the car may be liable to the injured party.

An unfit driver is a person in the following categories:

• Underage
• Lack of experience
• Physical incapacity to drive
• Mentally unfit to drive
• Drug impaired
• Alcohol impaired

Permission to drive the car can be express, that is given directly, or implied when derived from the circumstances, general language, or conduct of the parties. The following must be proven in order to hold the lending party liable for the accident and any damages:

• Permission was expressed or implied
• The party borrowing the car was unfit
• The party lending the car knew the driver was unfit
• The party borrowing the car was negligent as a result of the unfitness
• The negligence caused the accident and injuries

Once these are proven, the party who loaned the car can be held liable. Be smart, and be careful about lending your car. This is advice from an auto accident attorney who draws from the Virginia Model Jury Instructions to discuss negligent entrustment. (Lending your car).


Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury and Accident Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro