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Writer's pictureKenneth Powell

Is It Illegal to Drive Someone Else's Car?

Under most states' laws, driving someone else's car is not illegal. However, a person may be held liable for others' actions in several scenarios, including when they own the vehicle involved in an accident.


What happens if someone has an accident while driving a vehicle they don't own? Is it illegal to drive someone else's car if it occurs? These questions rarely cross people's minds when a family member or friend asks them for a favor or when they need to borrow a car.


However, an unfortunate driving event could lead to serious legal consequences and even end up in court. Therefore, understanding the scenarios in which someone could be held responsible for other people's decisions and behavior is essential.


Subsidiary Liability

Subsidiary Liability


Subsidiary liability is a legal term that defines when one person is held legally responsible for someone else's actions. Under state law, subsidiary liability means an individual may be liable for a car accident in some circumstances, even if that person was not driving.


In most cases, subsidiary liability applies when a person or company could control or influence the at-fault party's actions.


Scenarios in Which a Car Owner Could Be Liable for Another Person's Acts


Missouri law states that the driver is liable for the accident and damages. However, when subsidiary liability applies, others may be held responsible if there's a relationship with the vehicle's owner or when the car is negligently borrowed by an unfit person.


Employer and Employee


An employer could be involved in a car accident due to their workers' actions if they acted within their duties when the unfortunate event occurred.


Under tort law, the superior legal doctrine holds employers legally responsible for an employee's wrongful actions that occur within the employment scope. Therefore, a company or principal can be found liable if a worker causes a car crash.


Some employers may also face legal action if they hire unqualified drivers or fail to train them and they cause an accident.


Father and Child


In Missouri, parents and guardians can find themselves in financial and legal trouble when a minor child in their custody causes personal injury to another person.


Negligent Entrustment


A person can also be held liable for someone else's driving if they negligently gave them access to the vehicle. In some cases, this happens when a vehicle owner lets someone else drive their car, even when they know they are under the influence of alcohol or drugs or do not have a license.


What If the Car Was Stolen?


Someone can hardly be held responsible for a car accident or related damages if the driver stole the vehicle. However, the owner must prove that the car was taken without permission.


What Happens to Insurance?


Insurance companies always act according to the policy's language and only cover damage caused by those listed on the car owner's policy.


Missouri law establishes that the driver who caused the accident is responsible for the damages in most cases unless subsidiary liability applies.


Under state regulations, all car owners must carry liability coverage. It is activated when the vehicle is driven by a relative, someone with permission to use it, or when it is rented.


However, most insurance companies will try to deny car owners' claims when:

  • The accident was caused by someone driving under the influence of alcohol or drugs

  • The driver was not listed or declared in the owner's insurance policy

  • The borrower is not licensed


If there is no coverage or inefficient insurance, or it is not clear who is at fault, the legal dispute could escalate. As a result, the court must take charge of the case, and a judge will have the last word. Therefore, for that reason, people directly or indirectly involved in a car accident should seek legal advice from a personal injury lawyer.


Final Thoughts: Is It Illegal to Drive Someone Else's Car?


Driving someone else's car is not illegal, but it can become a complicated legal issue if the driver or borrower causes a car accident and injures others.


Victims injured in a car accident need to know how the laws work and determine who to file their claim against. Therefore, seeking help from an experienced vehicle accident lawyer in St Louis MO is essential.


How Can Powell Law Firm's Lawyers Help?


A personal injury attorney could help people build a strong case to hold at-fault parties accountable and seek the compensation they deserve if they were injured in a car accident.


Powell Law Firm's legal team is ready to provide legal assistance and guidance to victims if they believe the driver of the car that caused the crash was not the current owner. They can also help address other concerns such as whether or not is running a car on vegetable oil illegal.


Call (314) 470-1374 and get a free consultation today!

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