Nonowner motor vehicle accident liability

[Broadview4]

My husband's car was hit by an ATV. The driver of the ATV was not the owner. He is now in jail because it was his 4th DWI in 4 months. He has no insurance or money. Therefore, my husband is suing the owner of the ATV for damages to his car. The owner says he did not give permission to this person to use his ATV. Is there a law or statute that says the owner would be liable because his vehicle was involved in the accident? I know if you leave your keys in your car and someone steals it and has an accident you would be responsible. Is this the same? Thank you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No, because in this situation, if he gave the driver permission or the driver was running a family errand, then he would be liable.

But if the owner never gave permission, then it would not be negligent entrustment, because he never entrusted it to the driver.