A car was loaned to me and I'm insured for that car. A family member of the car owner took the keys while I was at a soccer game and let someone else drive the car who then totaled the car and got arrested for a dui
The driver's responsible. The car owner may be responsible for any property damage the driver caused. Whoever loaned you the car may bear some responsibility for negligent entrustment. I'm assuming you're not the only one in this scenario who's insured.
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yes you are partially at fault as you had permission to driver but the other family member did not, so you and the other family member are jointly and severally liable, in my opinion.
If the car is insured, then any person who is operating the car with permission will likely be covered under the insurance policy (as a "permissive user.") You would have no personal liability unless you left the keys in a place that made it easy for an unqualified driver to take the car. Normally the owner of a car would insure the vehicle and I am assuming from your description that perhaps you are insured under the owner's policy as a regular operator of the vehicle. So that insurance would likely cover you for any negligence on your part in allowing the car to be used by this driver. The "family member of the car owner" may have some liability for taking the vehicle (without permission?) and then allowing an intoxicated individual to operate the vehicle. And, of course, the actual driver is the one with the most liability for any injuries caused due to driving the car while under the influence.
Legal disclaimer: The comments above by Dale Larrimore, Esq. are provided as general information and not as a legal opinion or legal advice, because all facts are not available. The person requesting information and all others reading the answer should retain an attorney in your state who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Dale Larrimore, Esq., of Larrimore & Farnish, LLP, does not create an attorney/client relationship within any state or under Federal law.
I would think that the family member of the car owner when they took the keys from you ended your responsibility regarding what happened to the car. Confirm with local counsel.
First, you and the car owner should discuss this matter and then contact your insurance carrier. If the person driving was driving the car with "permission and consent" (and there is a legal definition for this term), then the insurance carrier will cover the losses to the extent of the insurance coverage. While it does not sound like you will be liable, each case has unique facts and no one on this site can provide you with a detailed legal opinion.
Sounds like the facts from a Bar Exam question.
I think you are in the clear. So long as you didn't leave the keys in a place where you knew an incompetent (unsafe/unqualified) driver had access. From these facts, it doesn't sound like that is the case.
You can likely rest easy and let the insurance companies handle it.
Disclaimer: This answer is based on the limited information provided in your questions. This answer does not constitute legal advice nor does it create an attorney/client relationship. You should seek advice from an attorney with whom you can discuss the entirety of the case and is familiar with the laws of your specific jurisdiction.
In California the Owner of a vehicle who is not involved in the accident is only responsible for the minimum 15k unless there is negligent entrustement. There is also the issue of whether the vehicle was taken by your permission or not because the insurance company can claim that there is no insurance coverage at all since the vehicle was taken without permission.
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