“Hey man, my car is in the shop for the next few days. Do you think I could borrow your car?” This is a scenario that plenty of us have found ourselves in. Whether you lend it to a friend, a family member, or even someone from work, you will most likely let someone borrow your car throughout your lifetime.
Lending a car can be a lifesaver, it can help someone out when they are in a pinch and can potentially save them from missing work or appointments. With how common it is to let someone borrow your vehicle we often neglect to consider the legal and logistical aspects that go into handing over the keys.
While lending your car may seem like a simple exchanging of keys the implications of lending your vehicle can be negative. As your Salt Lake City personal injury attorneys we want to help you understand the logistics of lending your car. In this article we will be diving into the concepts of permissive use, as well as the legal ramifications of lending your car to an unlicensed driver.
What is Permissive Use
Permissive use is the act of lending your car to someone else and you have given them explicit permission to operate your vehicle. This permission to use and drive your car means that you are also transferring your insurance coverage to that person throughout the duration of their use. If an accident were to occur while this person is driving your car, it would mean that your insurance policy would be used to cover the damages and injuries that result from the accident. One easy way to remember this is to understand the insurance is on the car, not the driver.
It is important to note that the coverage that is provided may be subject to certain conditions, and these conditions can vary between different insurance companies. Coverage may be altered or not extended to a driver if the borrower does not have a valid driver’s license, is under legal driving age, or if the driver is not adhering to the terms and limitations of your insurance policy.
Insurance companies will try to scrutinize the details of any accident in an attempt to minimize or deny coverage. If the driver you are lending your vehicle does not meet the above criteria then it can create legal hiccups, such as partial coverage in an accident, or even a denial of coverage for an injury claim.
The Legal Ramifications of Lending a Car to an Unlicensed Driver
If you have lent your car to someone who is unlicensed, there can be severe legal consequences. Here in Utah, driving without a license results in a class C misdemeanor, the consequences of which results in up to 90 days of jail time, a $750 fine, as well as the option for the police to impound your vehicle.
When you allow an unlicensed driver to operate your vehicle, you may be held responsible for any of the accidents, injuries, or property damage that the driver may have caused while driving your car.
An insurance company may try to deny coverage when an accident with an unlicensed driver occurs, leaving you liable for all of the damages, including legal penalties and fines. Letting someone operate your vehicle without a valid driver’s license is extremely irresponsible, so make sure to check their license before you hand over the keys.
Mitigating Risks
Lending a car is a kind gesture, but do not let yourself get taken advantage of. As your Salt Lake City personal injury attorneys consider taking the following steps to mitigate risks:
Ensure the Borrower Has a Valid Driver’s License
Ask the person you are lending your vehicle to if they have a valid driver’s license. Don’t hand over the keys until you have seen the license and verified that it is not expired and is not a learner’s permit or restricted license.
Review Your Insurance Policy
An essential step to take before you let someone borrow your car is to familiarize yourself with your insurance policy’s terms and conditions regarding permissive use. Make sure that there are no strange clauses that will not allow you to lend your car without insurance coverage.
If you are intending to lend your car to a family member for a longer period of time there is a chance that your insurance provider may require you to add them as another driver on your policy. If you have questions about lending your car call your insurance provider and they will be able to clarify any doubts or will be able to discuss any additional questions you may have.
Set Clear Boundaries and Expectations
Talk with the person you are lending your vehicle to and establish clear guidelines for the duration of the time they are driving your car. Make sure you establish how long they can have the car for, driving restrictions including distance they can drive, and prohibiting them from lending your car to additional people.
Maintain Routine Maintenance and Insurance Coverage
Before you have lent the vehicle, ensure that everything is working properly. Make sure that maintenance has been done recently and that everything is in working order to help protect against any potential car accidents.
Letting someone borrow your car is an act of kindness, but you should always take the steps to understand the logistics and potential legal ramifications involved in lending your vehicle. Make sure that you and the other driver are both familiar with permissive use, and ensure that the driver does in fact have a valid driver’s license before you hand over the keys.
By taking these precautions, you can mitigate risks and protect yourself from potential legal and financial liabilities. If you or the driver you have lent your vehicle to has been in an accident, then make sure to reach out to the best Salt Lake City personal injury attorneys at LifeLaw Personal Injury. Our team of experts will work tirelessly on your case to ensure that you get both the help and the compensation that you deserve. Here at LifeLaw we believe that client communication is vital to a case, and we will make sure that you feel heard and understood throughout the legal process.
If you or someone you know has been injured, you deserve the best help possible. Give the Salt Lake City personal injury attorneys at LifeLaw a call today for a free consultation and to discuss your next steps on your road to recovery.