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1993-01-06
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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.