What are my rights/responsibilities if I let someone with a suspended license and no insurance borrow my car and they had an accident?

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What are my rights/responsibilities if I let someone with a suspended license and no insurance borrow my car and they had an accident?

My neighbor borrowed my car and was in serious 1 car accident. He wants to sue me and my insurance. I have liability. However I am also out a car for his mistake. I was unaware neighbor had suspended license; he drives his Mom’s car all the time. I was also not aware he had no insurance. Do I have options to protect myself and get a replacement vehicle?

Asked on August 16, 2011 Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your neighbor borrowed your automobile, was in a serious car accident and injured himself, I have a hard time seeing any factual basis for a lawsuit against you unless the car had some mechanical problem that caused the accident.

If your neighbor had injured a third person or damaged the property of a third person, I could see possible liability against you for the third party's claim under negligent entrustment theories by letting your neighbor use your car who had a suspended driver's license.

If you have insurance for the car that was damaged, you need to immediately advise your insurance agent of what happened and make a claim for the damaged car and advise your insurance carrier that you might be sued.

Good luck.


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