What is My Liability if I Loan Someone My Car and They Cause a Car Accident in Las Vegas?
In today’s blog we will be discussing what happens if you loan your car out to a friend and they cause a car accident. Whether you are liable for the resulting damages or injuries they cause is determined on a case by case basis. If you loaned your car out to a friend, who had a perfect driving record and gave you no other cause for concern, you will likely not be held liable for the damages they cause.
However, if you knew your friend had been in multiple car accidents or was intoxicated when you gave them your keys, you will likely be held financially responsible for their actions. This type of liability, is called “negligent entrustment”. It essentially means that you were negligent in giving someone else permission to drive your car.
To make a successful claim of negligent entrustment, the injured party must allege four elements. Those elements are (1) the owner of the car owed a duty of care to the injured party; (2) the car owner breached that duty of care to the injury party, by knowingly entrusting a vehicle to an inexperienced and/or incompetent person, namely the driver of the vehicle; (3) the above breach was the legal cause of the injuries; and (4) the above negligence resulted in damages to the injured person.
So, just because you loan your car out to a friend does not automatically mean you will be held liable for any personal injuries they cause. A court will have to determine if there are any factual grounds to support such a claim.
Next time, we will discuss if criminal convictions are admissible evidence in Las Vegas personal injury trials.
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