YOU AND THE LAW®

RISKY TO LET OTHERS DRIVE YOUR CAR

“Dad/Mom, can I have the car?” It’s a question parents often hear once their teenager has obtained their driver’s licence. Remembering when you were that age and had no wheels, you’re inclined to give them the keys – after telling them to drive carefully and never to drink and drive. But as the car’s owner, you’re on the hook for any injuries or losses caused by a driver of your car: • who lives with you as a family member, or • who drives your car with your “express or implied”

consent And it doesn’t matter whether, despite your strict warnings, the driver was careless or drove while impaired – you’re still on the hook (along with the at-fault driver) once you’ve handed over control of your car. The intent of the law in these cases is clear – innocent car crash victims hurt by potentially penniless drivers shouldn’t be left without compensation. (Typically, you as owner are sued so the victim can get access to your insurance.) So a word of caution – make sure that the liability insurance you carry is well over the mandatory ICBC minimum (currently $200,000). That’s because you are personally liable for any compensation payable to the victim over and above the insurance you have. And in a serious car crash, this can run into millions of dollars. To see how this law can unexpectedly put you at risk, imagine that your adult child who lives with you is addicted to alcohol or drugs. You prohibit them from driving your car and, to be sure they don’t, you hide the car keys too. But despite this, after getting high, they somehow find the car keys and cause a tragic accident. Even though you clearly didn’t allow them to drive your car (quite the opposite), the law says as owner you too are liable to the innocent car crash victim. Take another scenario. You can also get sued as an owner if you allow another person, say a visiting out-of-town friend or relative who doesn’t live with you, to drive your car. If they crash and it’s their fault, you too are liable. But what if they, perhaps because of partying and drinking, give the car keys to someone else you may or may not know (perhaps someone sober) who causes a crash? Are you liable? Possibly. Whether you gave implied consent here will depend on the particular fact situation. But if you lose, and the driver of your vehicle is to blame for a serious car crash, again you’d be personally on the hook for paying any compensation awarded to the crash victim over and above the limits of your liability coverage. So take great care before allowing others to drive your car. Bump up your “third-party liability” insurance coverage too. And if you’re facing potential problems because you own a car involved in a car accident? Even if fault is unclear, seek legal help right away, and promptly notify ICBC and any other insurers who provide you with liability coverage. This column provides information only and must not be relied on for legal advice. Please call Stephen W. Turner at 250-868-8801 for your free, no obligation, initial consultation.