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It may seem like just a favor when someone lends a vehicle to someone else to run a short errand. But, it could be very costly if that person is involved in a vehicle accident.  

In Florida, we have what is called the dangerous instrumentality doctrine.  This states, in part, that Florida "imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another."  (Aurbach v. Gallina, SC94597 FL 2000)   This means that when someone lends his/her vehicle to another driver and that driver hurts someone else while driving, both the vehicle owner and the driver will be held responsible for the accident.  

Under the dangerous instrumentality doctrine, the Florida Supreme Court has determined who is vicariously liable by saying, "that the person vicariously liable has an identifiable property interest in the vehicle such as ownership, rental, or lease of a vehicle." 

Fort Myers Attorney Randall Spivey or Spivey Law Firm, Personal Injury Attorneys, P.A. says, "If you have property interest in a vehicle, it is your responsibility to exhibit extreme caution when allowing someone else to drive your vehicle. Vehicle owners and drivers need to stay informed about Florida law."

There are specific kinds of insurance which provide coverage for motor vehicles and their drivers.  Generally, vehicle insurance is attached to the vehicle and then to the driver.  When the owner of a vehicle gives permission to someone else to drive the vehicle, the vehicle owner's insurance becomes the primary insurance, even if the driver was someone not named specifically on the policy.  Only in the case that the vehicle owner's coverage is inadequate, will the driver's insurance, if any, fill in the gap. 

Looking at this from both sides, vehicle owners should never loan their vehicle to a driver who has no insurance, as the vehicle owner will be responsible should there be an accident.  The law sees the owner of the vehicle as the one who created the liability.  On the other side, if involved in an accident where the vehicle owner is not driving, the accident victim needs to get all the information regarding the vehicle, the vehicle owner and the driver. 

Since these matters may become complex, Attorney Spivey recommends consulting a Personal Injury Attorney who has extensive experience in this type of situation including a full understanding of the issues and who can be held responsible, proven mediation skills and has successfully tried these types of cases in court.

Florida  Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.