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What is my liability allowing an unlicensed driver to use my car in florida also what happens to my insurance

Fort Myers, FL |

my roommate wants to borrow my car he has not renewed his license what is my liability and what happens to my insurance if he gets stopped or has an accident

Attorney Answers 4


Under no circumstances should you loan your car to your roommate who does not possess a valid driver's license. If he gets stopped, he's going to be cited for No Valid Driver's License and probably for not having proof of insurance. Your car may be towed and you would have to pay towing and storage charges to get it back.

If he gets in a wreck for which he is at fault, the injured parties will come after YOU, not your roommate. While your insurance may provide coverage and pay damages up to your policy limits, your policy may have a "coverage defense" under which the insurer can deny coverage if you knowingly permit an unlicensed driver to operate the vehicle.

In the long term, even if the insurance company pays a claim, expect your coverage to be cancelled.

Enough said???

Robert E. Heyman, Esq

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Just say no. If you are negligent in lending your car to somebody, you can be liable for any damages he causes. Your insurance might cover it, but maybe not. Protect yourself by refusing to cooperate with any violation of the law.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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SAY NO. I agree with the other attorneys

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As the attorneys above have emphatically said, “No!” Never lend your car to ANYONE who is in any way breaking the law whether the person is underage, unlicensed, drinking alcohol, under the influence of drugs, engaged in the commission of a crime or any other illegal activity. These things may and most likely will cause your policy to be cancelled and leave you without any insurance for damages or injuries caused by the person to whom you lent your car.

I am only responding because I wanted to add another cautionary note — if you are anywhere that your keys might be available to a person who might take your car without asking, secure your keys properly so that the person will not have access to them. There are certain defenses that apply to unauthorized use when damages occur but you might lose those defenses if it is discovered that you took minimal or no effort to secure your keys.

***Ms. Harwell is licensed to practice law in Florida. In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. This communication is provided for the purpose of general informational purposes only. Additional facts and information pertaining to the relevant question above could significantly change this response and make it inapplicable to your personal circumstances. Many attorneys offer free consultations and Ms. Harwell strongly advises that you take advantage of this opportunity to discuss your particular situation in detail and obtain legal advice most suited to your personal situation.

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