room mate hit/run without my premission to drive

I live in Michigan. I was on vacation for two weeks. When I came home my other vehicle was not in the drive way. I did not report it due to a note from my room mate, stating he had my truck. At 4 o'clock the police came to my door and asked if I was the owner and driving my vehicle. I stated I am the owner but was not driving. I was informed it was involed in a hit and run. I insisted I was not driving. The vehicle was towed and has a hold. To make matters worse, the insurance was cancelled prior to the accident. I want my room mate to tell the police he was driving. Will I be held responsible if he doesn't or even does confess to driving the vehicle. There was no medical damage, only vehicle damage.

[I AM ALWAYS LIABLE]

Originally posted by gbutch
I live in Michigan. I was on vacation for two weeks. When I came home my other vehicle was not in the drive way. I did not report it due to a note from my room mate, stating he had my truck. At 4 o'clock the police came to my door and asked if I was the owner and driving my vehicle. I stated I am the owner but was not driving. I was informed it was involed in a hit and run. I insisted I was not driving. The vehicle was towed and has a hold. To make matters worse, the insurance was cancelled prior to the accident. I want my room mate to tell the police he was driving. Will I be held responsible if he doesn't or even does confess to driving the vehicle. There was no medical damage, only vehicle damage.

My response:

You will be held liable.

You see, the reason is that you left the keys available for use by someone else. If, for example, he had "hot-wired" the vehicle, then you'd have an "out" - - e.g., why would YOU hot-wire your own vehicle?

By not reporting your vehicle stolen, you did, in essence, gave "tacit approval" for the use of your vehicle by someone else.

So, it doesn't matter if he admits using your vehicle or not. You're either going to be tagged as the driver of a hit and run and be responsble for the damages, or you're going to be tagged for your tacit approval (negligent entrustment) of your vehicle by someone else because you left the keys available.

By leaving the keys available, you gave him "implied permission" to use your vehicle, and you, as the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from the wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner's express OR IMPLIED permission.

Such laws are an outgrowth of the overriding public policy interest in protecting innocent third parties from injury at the hands of careless drivers: "[T]his protection should be paramount to the rights of an owner who has permitted the use of his car by others even though he, personally, was not guilty of negligence."

IAAL