PERSONAL INJURY

Q. I loaned my car to my girlfriend who was involved in a motor vehicle accident. I was unaware that her driver’s license was suspended at the time. Do I have any liability for the accident that she caused?

A. In Ohio, if you loan your car to someone who you know or should know is either an unsafe driver or an unlicensed driver, you may be liable for any accident that person may cause. In your case, since she is someone known to you and close to you, you would be presumed to know that her license was suspended or invalid. You would likely be liable under the doctrine of “vicarious liability,” in which one party is held partly responsible for the unlawful actions of a third party. Your liability insurance company would be liable for injuries caused by your girlfriend’s conduct even though she is not listed on the auto insurance policy if she had your consent to use your vehicle. You may also be liable for the damage caused under the theory of “negligent entrustment,” by entrusting your vehicle to someone that you knew or should have known was not a responsible driver. The victim who suffered injury and/or damage in this accident would likely join you in any legal action. Other insurance coverage issues might also apply here. Please contact our office to discuss this matter in greater detail.

Robert J. DiCello DiCello Law Firm 7556 Mentor Ave., Mentor, Oh 44060 440-953-8888 www.dicellolawfirm.com