What Happens If I Let Someone Drive My Car and They Have An Accident?
People lend their vehicles to family and friends all the time. Few give any consideration to what would happen if an accident happens while someone else is driving your vehicle.
Section 192 of Ontario’s Highway Traffic Act provides that the owner of a motor vehicle is liable for any damages caused to any person by reason of negligence in the operation of the motor vehicle. This means that if you lend your car to a friend and your friend runs a red light and seriously injures the occupants of another vehicle, you will be named as a defendant in a lawsuit for damages. This might seem unfair but it is a long-standing principle of Ontario law. The only exception is where the vehicle is being driven by a person without the owner’s consent.
The way to protect yourself from liability in the event of an accident involving your vehicle (whether you are driving or someone else is driving) is to make sure that you have adequate insurance. It costs very little to increase your insurance from $1 million to $2 million or more. The higher your insurance limits are, the less likely that you will be personally exposed to having your assets seized in the event that your vehicle is involved in a collision in which someone suffers serious injuries.
About the Authors
Troy Lehman joined Oatley Vigmond in 2006 and became a partner in 2010. As a personal injury lawyer, his greatest satisfaction comes from helping people through to the other side of a difficult time in their lives. “We’re here to help and relieve stress,” Troy says. “When I walk into a first meeting with a client, people are often scared and anxious. And for me, the best thing that can happen at the end of the meeting is that they say, ‘I feel so much better.’