A vehicle owner who lends a car to careless drivers who cause an accident can be held liable for injuries and damage. The victim would be allowed to file claims against the owner and the driver to help get medical bills paid.
California Vehicle Code (CVC) goes over the responsibilities of owners if they allow someone to borrow their vehicle. The responsibility can also extend to an employer who provides a car to an employee who then causes a collision.
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
Who Pays When a Driver Causes an Accident with Someone Else’s Car?
California Vehicle Code doesn’t let vehicle owners off the hook if they hand their keys to someone, and that person causes an accident. A victim who was injured or suffered property damage could file insurance claims against the driver and the vehicle’s owner.
A vehicle owner may have told a friend verbally that they could take the car out. This counts as granting permission. However, the simple act of handing the keys over to someone else could be seen as implied permission. The question is important when that driver causes an accident.
For victims, the best way to ensure they get full support for their medical bills and other damages may be to file claims against both the owner and driver.
However, more commonly, one person has more insurance protection than the other. The driver may have the bare minimum in insurance coverage, or perhaps the driver is uninsured. In situations where the owner actually has an auto insurance policy with higher limits, the victim may have a better chance of receiving full compensation by filing with the owner.
A skilled California car accident attorney helps victims determine the best path to getting all their doctor bills covered and their lost paychecks replaced.
The Limit on a Vehicle Owner’s Liability
When a vehicle owner is sued along with a reckless driver, the owner only has to pay up to a certain point.
CVC 17151 limits how much the owner can have to pay for an accident they weren’t present for:
- $15,000 per injured person
- $30,000 per accident
- $5,000 property damage
When an Employee Causes an Accident in a Work Vehicle
CVC 17150 can also leave an employer liable for accidents caused by their employees on the road.
California Civil Code 2338 also solidifies the concept of vicarious liability for employers. It means that when an employee is performing work duties and an accident occurs, the company they work for would usually be liable for the damages that occur.
The cap on liability mentioned above wouldn’t usually protect employers in this case. They could be liable for 100% of the damages caused by an employee. This might involve a delivery person or a truck driver working for a company or corporation.
Contact a California Car Accident Attorney
If your accident involves a serious injury and a bad driver was to blame, it’s a good idea to speak with Maison Law. A lawyer can help you figure out who should be paying the bills for a crash, and in some cases, that may include a car owner or employer.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
