Borrowed Vehicle

[Ziegenbagel]

Georgia

I am asking this questions merely as a preventative thing to keep myself from getting into trouble. I go to school in north GA and my roommate does not own a car. However, I own one and it is very convenient for both of us for his to borrow it since we both live close to Atlanta, and he is always good about filling with with gas and such.

But I am worried that, if he were driving my vehicle and due to some malfunction or shoddy maintenance or whatever, he crashed and hurt himself, I would be held responsible. I want to protect myself from being sued for something like that, but at the same time I want to be a good friend to him and allow him to use my vehicle when the need arises since he has proven himself to be a good steward of it already.

Is there some sort of official form I can fill out with our signatures that allows him to operate my vehicle, protects me if he hurts himself and others with it, and draws up some sort of agreement for what will take place if he damages it?

 

[Happy Trails]

Georgia

I am asking this questions merely as a preventative thing to keep myself from getting into trouble. I go to school in north GA and my roommate does not own a car. However, I own one and it is very convenient for both of us for his to borrow it since we both live close to Atlanta, and he is always good about filling with with gas and such.

But I am worried that, if he were driving my vehicle and due to some malfunction or shoddy maintenance or whatever, he crashed and hurt himself, I would be held responsible. I want to protect myself from being sued for something like that, but at the same time I want to be a good friend to him and allow him to use my vehicle when the need arises since he has proven himself to be a good steward of it already.

Is there some sort of official form I can fill out with our signatures that allows him to operate my vehicle, protects me if he hurts himself and others with it, and draws up some sort of agreement for what will take place if he damages it?

Have you asked your insurance agent about this?

You need to know that the registered owner of the car could be held liable for someone else driving that car. Even if you had a signed piece of paper from your friend accepting full responsibility. The suing party isn't going to give a crap about your agreement with him.

Would your roommate be covered under your policy if he should have an accident and be at fault?

If he does damage your car and doesn't agree to pay for the damages, you will end up in court trying to win a judgment from him and then trying to collect it.

Overall, I just think it is a BAD idea.

 

[Ziegenbagel]

Thanks for the reply. So there's really no way around this? Written agreements between two parties, signed by both parties, don't hold water in court? I don't understand why there isn't some way to protect those who willingly volunteer the use of their property in the name of charity.

 

[ecmst12]

Can you add him as an occasional driver to your insurance policy? It probably wouldn't cost that much (of course he should pay for the extra cost) and it would mean if he got in an accident while driving your car, he'd definitely be covered.

 

[justalayman]

I believe the other responders have missed the question asked.

The OP wants to prevent the borrower from being able to sue him should there be a failure of the vehicle causing damages to the borrower.

If you want to avoid this, keep the car in good repair. As long as you do so (with proof) it would make it much more difficult to sue you for allowing him to borrow a defective vehicle.

Simply put, if there is anything you are aware of that could cause harm, you have a duty to fix it lest you be liable to some extent. I don't think you could have him accept all responsibility in all situations.

 

[ecmst12]

But if he's on your insurance, then he'll be covered if anything happens whether it's your fault, his fault, or someone else's fault.

I would be more worried about what if he causes an accident, then the other party could sue you for his actions, and your insurance may not cover if they find out that he drove your car regularly without coverage.

 

[justalayman]

But if he's on your insurance, then he'll be covered if anything happens whether it's your fault, his fault, or someone else's fault.

QUOTE]

This still would not prohibit him from suing the owner. Depending on their policy, the insurance co may even be able to escape liability on it.

Additionally, everybody's insurance has limits, what if the injured borrower sued for more than the insurance limits?

It is always best to prevent somthing from happening rather than hoping somebody else will have to pay for it.