If a Relative Takes Your Vehicle without Permission, Can You Be Held Accountable?

In the event a thief steals your car and has an accident, common sense would dictate that you would not be financially or legally responsible for any resulting damages, as you clearly had no control over the circumstances. However, if the same situation occurred with a family member rather than a stranger, the answer becomes less definitive. If a relative takes your car without permission and causes damages or injuries with the vehicle, what is the extent of your liability for the accident? Read on to learn the extent of your responsibility.

Express or Implied Permission

Your liability in this situation primarily depends on whether the driver had your permission to borrow your vehicle. What constitutes permission to drive a vehicle, however, may surprise you. The definition will vary according to your car insurer and your state’s laws. For the most part, you do not have to give explicit permission to drive your vehicle for the insurer to consider it authorized use. Permission to drive the vehicle may also be implied, based on who the borrower is, the availability of your keys, and the borrower’s access to the vehicle in the past.

For example, if the relative who borrowed your car is a member of your household who has driven the car before and has access to the keys, your auto insurer would likely consider it authorized use. In that case, the collision and liability portion of your car insurance policy would apply, and you would be legally and financially responsible for any accident damages that were your relative’s fault.

Theft

If your family member does not meet any of the criteria for implied permission to use your car, then the unauthorized use of your vehicle may be considered theft. In fact, if you want to minimize your legal liability, it’s wise to report the vehicle as stolen. That way, you will not be accountable for the injuries or damages your relative causes. Of course, other drivers can always file civil lawsuits against you because your name is on the vehicle’s title, but the suit will likely be thrown out because you do not have legal liability for a stolen vehicle.

Negligence

The attorneys of the parties seeking damages from you may try to make a case proving you were somehow negligent in the unauthorized use of your car, thereby making you financially and legally responsible. For instance, you may not have given your relative permission to drive the car, but you may have left your keys in the ignition. Historically, though, attorneys have had a difficult time proving negligence on the car owner’s behalf in cases of theft.