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Who is responsible when a car that was loan to a person was allowed to be driven by another who wrecked the car?

My son authorized a young lady to drive his car to the store. She in turn, allowed her boyfriend to drive back. In doing so, he ran into an apartment complex and a parked car. His liabilty insurance covered the damages, but of course not for my son's car. Question: Because the young lady acted outside of what my son authorized, is she liable for the damage to my son's car?

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Attorney answers (1)

Reputation Level 12
There is an argument that a bailment was created when your son allowed the young lady to use his car. The young lady had a duty of care to reasonably protect your son's car while in her custody. She breached her duty of care by allowing an unauthorized person to drive the car. I would think the young lady and her boyfriend would both have some liability in the damage to your son's car.

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