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CAN
THEY DO THAT?
BEWARE
OF YOUNG DRIVERS !
WRIGHT
& MILLS, P.A..
I LET MY 16-YEAR
OLD NIECE DRIVE MY CAR AND SHE GOT INTO AN
ACCIDENT. NOW THE PEOPLE SHE HIT ARE
SAYING I'M JUST AS RESPONSIBLE FOR THE
DAMAGES AS SHE IS.
Can
they say that?
Yes,
they can!
Maine's
motor vehicle statutes make the owner of a
vehicle who permits a minor to drive their
vehicle "jointly and severally liable" for
damages caused by the negligence of the
minor in operating the vehicle on a public
way.
If
your niece was negligent in hitting the
other party, you (or your insurance
company) will have to take responsibility
for the damages equally with your niece
(or her insurance company). This is true
regardless of whether you knew your niece
might be a bad driver, or even if she was
not generally a bad driver, as long as you
gave her permission to drive your
vehicle.
The
same rule of "vicarious liability" applies
when you rent a vehicle from a commercial
car rental agency. The agency is jointly
and severally liable for damages caused by
your negligence in operating the vehicle
or by the negligence of another driver
operating the vehicle with your
permission.
Of
course, if you have reason to know that
someone wishing to use your vehicle has
been drinking and you let them drive your
car, then you may be jointly and severally
liable for damages caused by their
negligence as well. Because someone
driving under the influence of drugs or
alcohol may harm or even kill another
individual negligently, this provision
serves as a stern warning against lending
your car to anyone whom you suspect may
have been drinking or doing
drugs.
So,
remember, if a minor asks to borrow your
car, make sure that person is a safe
driver, for you will be responsible for
any damages caused by his or her negligent
driving….
It's
the law!
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