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- #help.tut Extra help for tutorials
- #define.stb On line dictionary of legal terms
- Tutorial on motor vehicle owner's liability for use of car by
- third parties; liability to non-paying guests for personal injury
-
- You lend your car to someone, and they have a fender bender.
- You then receive a call from the other side wanting you, as the
- owner of the car, to pay for the damages. Is an owner
- responsible for damages caused in an accident when someone else
- drives?
-
- In many states, the answer is that provided that the user is
- not a thief, you are liable. Others hold that you are not liable.
- In all states, you are liable if an employee or agent you employ
- has a wreck (even in their own car) during the scope of their
- duties. For example, you own a small business and send someone to
- buy some diet coke and paperclips for the office. If during this
- errand they smash into a school bus and it's their fault, you are
- liable under the doctrine of "respondeat superior."
-
- On the other hand, if a car is stolen, in all states you
- shouldn't be on the hook. The reason I say shouldn't is that in
- some states if you leave the keys in the car, you're on the hook!
- A good reason never to leave the keys in the car.
-
- In other states, a "family car" or "family use" doctrine
- applies, and members of your family or household when driving a
- car kept for family use are the owner's responsibility.
-
- The law where the accident occurs determines the owner's
- liability. Thus, a California resident who has an accident in
- Delaware must check the law of Delaware. In all states, if an
- owner is found liable for the negligence of a driver the owner
- can go back against the driver for what he paid. For example,
- John Doe lends a car to Joe Smith. Joe Smith has an accident,and
- John Doe pays $ 500 to settle the fender bender. In that case,
- John Doe can obtain a judgment against Joe Smith. In many states,
- if an insurance company pays damages in the same circumstances,
- they can turn around and "subrogate" against the driver. In other
- words, the owners insurance should pay if the owner is liable,
- but, the driver then owes the insurance company! This tutorial
- lists the present status of the law in each state regarding an
- owner's responsibility for an accident while another drives.
-
- A closely related question is the owner's liability for
- personal injuries suffered by passengers. Obviously, if a
- passenger is carried for hire, there is a doctrine that virtually
- makes the owner an insuror of the passenger. (Modern law
- recognizes car pools as yet another species. In general, car
- pools users are not considered to paying passengers.) On the
- other hand, at common law, gratuitous passengers, that is
- passengers who didn't pay were not allowed to sue the
- driver/owner. Why? Because it was thought to be discourteous to
- accept a ride and then turn around and sue the owner. I'm sure
- that the antecedent of this is some sort of medieval idea that if
- you were lucky enough to get picked up by a carriage you
- shouldn't complain as to what happened, since it was better than
- walking!
-
- In modern law, some states still limit the liability of an
- owner for damages suffered by a passenger to willful or extremely
- reckless conduct. (Of course, such doctrines create huge pay days
- for lawyers as they try to prove that someone's goof was
- reckless, so you create a trial within a trial.) So we mention if
- there is a "guest statue" in each state, or, as some states do,
- there is a limited amount of liability. These two questions are
- inter-related since if you are liable for what a driver does, you
- are also liable for injuries suffered by the passengers in such
- instances.
-
- If a state has no guest law, then the driver (or driver and
- owner) are liable for ordinary negligence if an injury occurs to
- a passenger.
-
- Finally, "no fault" or "personal injury protection
- laws" can also add into the equation. For example, in some states
- which have mandatory personal injury of no-fault, a passenger may
- not be able to sue at all, but has to deal with their auto
- insurance carrier or that of the owner. As usual, if in doubt,
- speak to an attorney.
-
- ALABAMA- Owners not liable for third party's operation of a motor
- vehicle unless they are aware of incompetence of driver; not
- liable to guests except for "willful" misconduct.
-
- ALASKA- Legislation in progress and Alaska will be included on an
- update. Alaska does not have a guest law.
-
- ARIZONA- Family use state; no guest law.
-
- ARKANSAS- Owner ONLY liable for employee, agent or servant; no
- guest law.
-
- CALIFORNIA- Owner generally liable for the operation by third
- party-- limited to $ 5,000 property, $ 15,000 injury per person,
- total of $ 30,000. Liable to guests, in general, many
- exceptions, see an attorney.
-
- COLORADO- Family use state, no limitation on guest liability.
-
- CONNECTICUT- Owner liable for "agents" acts, however, see an
- attorney since the definition of agent is broad; No guest law.
-
- DELAWARE- Owner liable for operation of car lent to someone under
- age of 18; no guest law.
-
- DISTRICT OF COLUMBIA- Owner liable for operation of permissive
- user; no guest law.
-
- FLORIDA- Owner liable for operation of permissive user; no guest
- law.
-
- GEORGIA- Family use state, owner liable if car used for
- "business" or for "owner's benefit"; no guest law.
-
- HAWAII- Check with attorney.
-
- IDAHO- Liable for permissive user, limits apply of $ 25,000 for
- one person's injuries; total of $ 50,000 for personal injury and
- $ 15,000 property damage; in the case of employee's use, damages
- are unlimited; no guest law.
-
- ILLINOIS- Status of owner not certain; however liability
- probable; no guest law, however hitchhikers can only recover for
- willful or wanton misconduct.
-
- INDIANA- Status of owner not certain; liable to guest, however,
- not liable to family members; hitchhikers may only recover for
- willful or wanton misconduct.
-
- IOWA- Owner liable for permissive user, guest law held
- unconstitutional, therefore, liable to guests for ordinary
- negligence.
-
- KANSAS- Owner probably not liable; no guest law.
-
- KENTUCKY- Family use state; no guest law.
-
- LOUISIANA- As a "community property" state, the marital community
- is liable for debts of either spouse; otherwise, generally not
- liable except for employees; no guest law.
-
- MAINE- Owner only liable for employees/agents; no guest law.
-
- MARYLAND- Owner generally liable for employees/agents; no guest
- law.
-
- MASSACHUSETTS- Generally liable for permissive user; no guest
- law.
-
- MICHIGAN- Generally liable for permissive user; no guest law.
-
- MINNESOTA- Owner is generally liable; no guest law.
-
- MISSISSIPPI- Owner is liable only for employee/agent; no guest
- law.
-
- MISSOURI- No liability in general for owner except for
- employee/agent; no guest law.
-
- MONTANA- Owner liable for employee/agent; no guest law.
-
- NEBRASKA- Family use state; otherwise only liable for
- agent/employee; no guest liability unless the driver is "grossly
- negligent" or intoxicated.
-
- NEVADA- Family use state; No guest law.
-
- NEW HAMPSHIRE- Generally no liability except for employee/agent;
- no guest law.
-
- NEW JERSEY- Family use state; no guest law.
-
- NEW MEXICO- Legislation pending, further information to be
- provided in an update; no guest law.
-
- NEW YORK- Owner generally liable; no guest law.
-
- NORTH CAROLINA- Family use state; no guest law.
-
- NORTH DAKOTA- Family use state; no guest law.
-
- OHIO- Owner liable for agent/employee; no guest law.
-
- OKLAHOMA- Owner generally liable for agent/employee, however,
- owner responsible if car is lent to an unqualified driver; no
- guest law.
-
- OREGON- Family use state, owner liable for agents; no guest law.
-
- PENNSYLVANIA- Owner liable in some instances, see an attorney; no
- guest law.
-
- RHODE ISLAND- Owner is generally liable for use of third party;
- no guest law.
-
- SOUTH CAROLINA- Owner not liable except for employees/agents;
- guest statute declared unconstitutional; therefore, presently no
- guest law.
-
- SOUTH DAKOTA- Owner liable if car is entrusted to a third party
- known to be incompetent; otherwise only liable for
- employee/agent; no guest law.
-
- TENNESSEE- Family use state; no guest statute.
-
- TEXAS- Only liable for employees/agents, unless owner negligently
- entrusts a vehicle to a known bad driver, the owner is not liable
- for third party's operation; guest law held unconstitutional.
-
- UTAH- Only liable for employees/agents; no guest statute.
-
- VERMONT- Only liable for employees/agents; no guest statute.
-
- VIRGINIA- Further information to be provided in an update.
-
- WASHINGTON- Family use state; no guest statute.
-
- WEST VIRGINIA- Family use state; no guest statute.
-
- WISCONSIN- Liable for employees/agents; no guest statute.
-
- WYOMING- Liable for employees/agents; no guest statute.