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  • Lending Your Car: Who’s Liable When An Accident Occurs?

    September 23, 2017

    Brampton personal injury lawyers often come across cases where a client lends his or her car to someone and an accident occurs. Such situations can be extremely stressful for all those involved in the accident, as there are several complex legal, insurance and medical issues that come into play.

    You may have lent your car to a friend, family member, room-mate, neighbor or co-worker in good faith. It’s difficult to refuse a plea for help, especially if it’s an emergency and perhaps we’ve all done it without really thinking of the implications. It’s only when a mishap occurs that all these issues come to the fore.

    There are several risks present in the simple act of tossing your car keys to someone. Accidents are rarely “accidental” and they’re usually caused by someone’s fault or negligence. When serious injuries and damage happen, they cause enormous physical, financial and emotional consequences that impact not just the victim but also the entire family. The injured are entitled to seek compensation from all the available sources, including those responsible for the accident.

    Contact the nearest personal injury lawyer in Brampton without delay if you or a loved one faces such a situation. They can provide the right kind of advice, assistance and advocacy.

    Who Is Liable?

    The question of liability can be quite complicated in such cases. Lenders of vehicles may do so on a casual, one-off basis, or the borrower may do so on a regular basis, as for instance, to go grocery shopping every week.

    There is obviously no cut and dried answer to all the question of liability. Each accident is unique and the basis for establishing liability can be as varied as the circumstances. Before handing over your car-keys, it’s a good idea to review your insurance coverage whether there are specific clauses included for contingencies like this.

    In general:

    • If the person who borrowed the vehicle is a member of your family, your own insurance plan will most probably cover that person also. You may need to provide evidence that this person actually resides at the same address.
    • You may exclude certain members of your household if you don’t trust them to drive your car. This should be specifically stated in your insurance policy.
    • Was explicit permission given? This factor is important since if someone stole your vehicle and crashed it, you’re not liable.
    • Establishment of fault in the accident plays a large part. If the driver of your car was not at fault, the other party’s insurance will cover the damages.
    • If the damages/injuries are severe and exceed the amount that your insurer can pay, the driver of the car could have insurance that can be tapped to make up the remainder. However, their policy should cover the use of borrowed vehicles.
    • If the car was being driven by an employee of yours, the aspect of vicarious liability could come in, especially if the car was being used in connection with their official duties.

    Talk to your experienced 24×7 accident injury lawyers immediately to ensure that your rights are protected and interests safeguarded.

  • Lending Your Car: Who’s Liable When An Accident Occurs?

    September 23, 2017

    Brampton personal injury lawyers often come across cases where a client lends his or her car to someone and an accident occurs. Such situations can be extremely stressful for all those involved in the accident, as there are several complex legal, insurance and medical issues that come into play.

    You may have lent your car to a friend, family member, room-mate, neighbor or co-worker in good faith. It’s difficult to refuse a plea for help, especially if it’s an emergency and perhaps we’ve all done it without really thinking of the implications. It’s only when a mishap occurs that all these issues come to the fore.

    There are several risks present in the simple act of tossing your car keys to someone. Accidents are rarely “accidental” and they’re usually caused by someone’s fault or negligence. When serious injuries and damage happen, they cause enormous physical, financial and emotional consequences that impact not just the victim but also the entire family. The injured are entitled to seek compensation from all the available sources, including those responsible for the accident.

    Contact the nearest personal injury lawyer in Brampton without delay if you or a loved one faces such a situation. They can provide the right kind of advice, assistance and advocacy.

    Who Is Liable?

    The question of liability can be quite complicated in such cases. Lenders of vehicles may do so on a casual, one-off basis, or the borrower may do so on a regular basis, as for instance, to go grocery shopping every week.

    There is obviously no cut and dried answer to all the question of liability. Each accident is unique and the basis for establishing liability can be as varied as the circumstances. Before handing over your car-keys, it’s a good idea to review your insurance coverage whether there are specific clauses included for contingencies like this.

    In general:

    • If the person who borrowed the vehicle is a member of your family, your own insurance plan will most probably cover that person also. You may need to provide evidence that this person actually resides at the same address.
    • You may exclude certain members of your household if you don’t trust them to drive your car. This should be specifically stated in your insurance policy.
    • Was explicit permission given? This factor is important since if someone stole your vehicle and crashed it, you’re not liable.
    • Establishment of fault in the accident plays a large part. If the driver of your car was not at fault, the other party’s insurance will cover the damages.
    • If the damages/injuries are severe and exceed the amount that your insurer can pay, the driver of the car could have insurance that can be tapped to make up the remainder. However, their policy should cover the use of borrowed vehicles.
    • If the car was being driven by an employee of yours, the aspect of vicarious liability could come in, especially if the car was being used in connection with their official duties.

    Talk to your experienced 24×7 accident injury lawyers immediately to ensure that your rights are protected and interests safeguarded.

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