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Who's Responsible for Borrowed Car
While the laws may be different from state to state, there is no
question that in Minnesota, the owner of a vehicle is liable for damages
caused by whomever is driving it at the time of a crash, unless it is
stolen. Where it gets confusing is the issue of indemnity. That is, if
Frank loans Joe his car and Joe blows a stop sign and nails Tammy in her
new A4 2.8Q, it is probably Frank's insurance company that is going to
pay for the damage, but then it can call Joe's insurer (if he has one)
and get reimbursement. Frank (and Joe) will still get a black mark on
their insurance.
The real problems start when Joe has no insurance of his own (and he
probably doesn't, 'cause why else would he be driving your clapped out
'76 Audi Fox?), and even more problems when Tammy suffers a severed
spinal column in the collision. In that situation, where the injuries
exceed Frank's insurance limits, guess who's car, boat, lawnmower,
future wages, etc., Tammy's lawyer is coming after? Frank's.
Moral: Don't loan your car to losers, and if you make money and own
property, have lots of insurance coverage AND an umbrella liability
policy.
Matthew Brenengen
(Minnesota Personal Injury Lawyer (boo, hiss))
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