Before you loan your car to someone, consider this: You are responsible for the damage it causes. This is true regardless of whether you loan your vehicle to a family member or simply to a friend or co-worker. The person borrowing your car could have a spotless driving record and be the most careful driver in the world. It simply does not matter — you are on the hook.
Florida is one of a handful of states that deem a car to be a “dangerous instrumentality” and, therefore, hold the owner liable for the harm it causes. Common experience tells us that cars are dangerous and frequently cause injury and even death. The “dangerous instrumentality” doctrine is logical and helps to protect the innocent victims of car crashes.
There are some limited exceptions to the rule. When control of the vehicle is relinquished to a valet or a mechanic, the law generally does not hold the owner liable. Similarly, if the vehicle is stolen, the owner is not liable. There can still be liability, though, if the vehicle was stolen when the keys were left in it. Finally, the law places certain caps on an individual’s financial liability as owner of the vehicle.
If your vehicle is frequently used by another, be sure to bring this to the attention of your insurance agent. You want to be sure your liability exposure is covered under your policy. Many policies exclude coverage for unlisted drivers who regularly use the vehicle. While this might give the insurance company a defense to coverage, your financial liability will remain. Cover yourself appropriately so the “dangerous instrumentality” doctrine does not take a bite out of your family’s financial well being.
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