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  1. #1
    Join Date
    Sep 2016
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    24

    Exclamation Are You Liable if Somebody Borrows Your Car and Crashes It

    My question involves an injury that occurred in the state of: Arizona.

    I plan on loaning one of my cars to a friend for a few months so he can get around before he buys it from me. (Probably around the end of the year). The vehicle is in my name and I added him onto my insurance policy (he lives at a different address then mine).

    If he were to crash the vehicle would there be any issues with the vehicle covered?

    I was also reading how when loaning cars in your name, if anything criminal happened (I doubt he would ever do something like that). I could be taken to jail or prison??


    Before making my decision on loaning my vehicle to him, i'm just curious what do I need to expect to be responsible & liable for, (god forbid) anything happens.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,747

    Default Re: What Am I Responsible or Liable for

    As long as your insurance company is aware of the full details of what you are doing and allows it on your policy, you're good to go. Make sure you've put all the details of the arrangement in writing to the insurance company and keep a copy.

    Don't rely on anything that includes the word "told."

  3. #3
    Join Date
    Sep 2016
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    24

    Default Re: What Am I Responsible or Liable for

    Quote Quoting adjusterjack
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    Don't rely on anything that includes the word "told."
    I apologize Jack, but can you please elaborate on what you mean by this last sentence so I can understand better?

  4. #4
    Join Date
    Jul 2018
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    1,168

    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Quote Quoting Crext
    View Post
    The vehicle is in my name and I added him onto my insurance policy (he lives at a different address then mine).
    Are you absolutely certain your insurer is aware that this person is not a member of your household?

    Quote Quoting Crext
    View Post
    If he were to crash the vehicle would there be any issues with the vehicle covered?
    This is a phenomenally vague and broad question. No one here can intelligently declare that there won't "be any issues" in the event of an accident/crash. Care to narrow down your question?

    Quote Quoting Crext
    View Post
    I was also reading how when loaning cars in your name, if anything criminal happened (I doubt he would ever do something like that). I could be taken to jail or prison?
    Despite your use of multiple question marks, this sentence is not a question. If you're asking if what you read is true, as you summarized it, not only isn't it true, it's completely absurd.

    Quote Quoting Crext
    View Post
    Before making my decision on loaning my vehicle to him, i'm just curious what do I need to expect to be responsible & liable for, (god forbid) anything happens.
    For starters, have you verified that your friend has a driver's license that is in good standing? It would not be unreasonable to require that your friend obtain a printout of his driving record from the DMV.

    As long as you verify that your friend has a valid driver's license, as long as you ensure that the car is properly insured (adding him to your insurance is the safest way to handle that), and as long as you do not know or have reason to believe that your friend is going to use the car for some illegal purpose, you're probably ok.

    Quote Quoting Crext
    View Post
    I apologize Jack, but can you please elaborate on what you mean by this last sentence so I can understand better?
    What he means is that, as it relates to adding your friend to your insurance, you need to get things in writing and don't rely on things you are told in a phone conversation.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Quote Quoting pg1067
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    What he means is that, as it relates to adding your friend to your insurance, you need to get things in writing and don't rely on things you are told in a phone conversation.
    Or on what you told somebody else because months later they forget or have no record or proof of what you told them. That could be especially dangerous when it comes to insurance.

  6. #6
    Join Date
    May 2018
    Posts
    189

    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    If it is in your name, insured or not, anything is possible.

    Say if he got popped crossing the border with contraband, I don't think they would do you the courtesy of calling you to come drive your vehicle away, they'd simply take it, same for any crime where the vehicle was linked to its commission and evidence.

    I don't know about the seizure laws there, but, if a seized vehicle is paid for sans liens, generally the fight to get them back gets much more expensive since "they" don't have to pay off a note to liquidate it free and clear so the motivation exists to make getting them back more difficult, time consuming and expensive. Do you want to pay more than it is worth to recover it? A new vehicle where you have little equity will likely be quickly sprung from the impound with a small token bond amount.

    A crash and insured or not, your name is on it and I'd think including the owner in a suit, if one came about, would be most likely regardless of the policy coverage amount.

    Just about anything is possible.

  7. #7
    Join Date
    Jan 2010
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    New Jersey
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    3,605

    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Say your friend borrows your car and then decides to rob a bank. He was wearing a mask as he makes his get-away with your vehicle. He is unidentifiable, but someone caught your license plate number on your vehicle. Take an educated guess whom is going to spend the night at police headquarters with FBI agents so far up the wazoo, that they know what was eaten for dinner that night?

    I was also reading how when loaning cars in your name, if anything criminal happened (I doubt he would ever do something like that). I could be taken to jail or prison??
    If what I wrote above were to happen, and you want to know if you would go to jail or prison. Maybe, but not for long I would assume. And even if you didn't go to jail, the next few days after an event like above would be hell for you...
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
    Join Date
    Sep 2016
    Posts
    24

    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Wow thanks for all the responses!

    I seriously do appreciate your responses, and I know that anything is possible.

    Is there anything I could do to to prevent something like this happening?

    Maybe have some sort of writing that states hes borrowing my vehicle?

    My phone actually has voice recording of all my phone calls (including ones with him). Are these things I can use in the event something happened?

    I'm always super paranoid about things health, career etc and always like to know 100% what I'm getting into.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,343

    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Here is another response.


    If you know friend is a person who you know to be reckless and a danger, you could be found personally liable for damages or injuries he causes under a theory of negligent entrustment. It would be based on the fact you have the guy the weapon knowing he shouldn’t be driving.


    Also, if he kills somebody while in the commission of a crime while driving your vehicle, felony murder may apply. There was a case in a state near me where the car owner has no idea the borrower was using his car while robbing a bank. A person was killed during the commission of the crime and car owner was found guilty of felony murder




    are these likely? You know your friends better than I do so you make that call. For most people neither is a serious concern but they are a possibility


    and nothing short of not loaning the car would prevent either possibility from impacting you

  10. #10
    Join Date
    Jan 2010
    Location
    New Jersey
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    Default Re: Are You Liable if Somebody Borrows Your Car and Crashes It

    Quote Quoting Crext
    View Post
    Is there anything I could do to to prevent something like this happening?
    Yup, don't let him borrow the car, not even to get the newspaper from the corner store.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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