Lending a Vehicle Opens Owner up to Liability

The Advocate Files: Lending a Vehicle Opens Owner up to Liability

Lending a Vehicle Opens Owner up to Liability

With comment from Ottawa Lawyer – David Hollingsworth

When an owner lends their vehicle to another individual, the responsibility they bear can go far beyond what one may expect, Ottawa personal injury lawyer David Hollingsworth tells CTV News Ottawa.

“Anytime you lend your car to somebody you’re not just lending them your car, you’re lending them your insurance, and you’re potentially putting some of your own assets in jeopardy,” he says on the news program. “When you consent to the possession of your vehicle by somebody else, anything that happens thereafter may come back on you. If they get into a serious collision and there’s a lawsuit, you’re going to be named.”

Another issue that arises with vehicle lending is the frequency of the action, Hollingsworth says on the broadcast.

Insurance companies can argue that a driver should have been named on a policy if they’re regularly behind the wheel of the vehicle, he notes.

“When in doubt, you should have someone who uses the vehicle regularly added as an insured,” says Hollingsworth.

For drivers borrowing a vehicle, Hollingsworth says it’s best to confirm both the existence and whereabouts of the insurance information in case of a collision.

As part of the news program, Hollingsworth answered questions from viewers on more than the subject of vehicle lending. He also weighed in on issues related to rental properties; appropriate jurisdictions for lawsuits; the law surrounding snow tires; and the role of executors and estate trustees.