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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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