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Can I be held responsible for an accident in a borrowed car that someone borrowed from me I was not in the car at the time ?

Nashville, TN |

*Friend picked me up.
*Friend had me drop him off at movies, I took his car to mutual friends house. And was waiting to go back and pick him up.
*I went into house
*Mutual friend used friends car
*Mutual Friend totaled friends car less than a block away from house
* Insurance settlement was $4000 less than loan on car
*Mutual friend and I are both being sued for the remaining $4000

I wasn't in the car when the accident occurred, I was at mutual friends house. Mutual friend was ticketed for the accident. Friend lets everyone drive his car, I have seen numerous people driving it. The insurance people called me and talked to me about it and I didn't hear anything else till I received the summons.

Attorney Answers 6


  1. Best answer

    Based on the facts as you have given them: You didn't own car, but you authorized someone else to drive a friend's car. Generally, the insurer would have the ability to pursue the owner and/or the driver. In this case the argument is that you were acting in the place of the owner or against the wishes of the owner in entrusting a third party to drive. The issue would be whether you entrusted the vehicle to a someone you either knew or should have known was incompetent to drive. You should report this to your insurance carrier. And you should talk to a lawyer.


  2. Yes, for negligent entrustment.

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  3. As you were not driving and didn't own the vehicle you shouldn't be involved at all. You should immediately consult a local attorney regarding this matter.


  4. You shouldn't talk to an insurance company without consulting an attorney. You will also need the attorney to investigate various facts of the case to see if these particular facts give rise to negligent entrustment.


  5. My colleagues are correct in their assessments of your case. You should contact a local attorney as soon as possible to advocate on your behalf.


  6. Hire an attorney. Depending on the circmustances, you may have a legitimate defense against the neglligent entrustment charge, but you may be better off trying to settle the case as cheaply as possible. Either way you need a lawyer.

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