QUESTION
Am I responsible if my roommate got in an accident with my car while drunk?
Asked on Oct 26th, 2011 on Personal Injury - New York
More details to this question:
My former roommate (who is 24 years old) asked me if she could borrow my car to go the gas station that is right around the corner of our house to get some feminine products. This was around 10:00pm and I was already in bed because I have to get up early every day to go to my job as a social worker. I was basically half asleep when she asked, but never the less I lent her my car and told her to go straight to the gas station and right back to the house and to return my keys to me as soon as she got home. She agreed and then I guess left right away (My room is upstairs so I am not exactly sure when she left). I then drifted asleep and the next thing you know, I woke up a little over two hours later around 12:30am. I had a bad feeling so I ran downstairs to find that the front door was wide open, my roommate's two sons sleeping in their room, alcohol bottles all over the floor (which I had no clue there was any drinking going on what so ever or else I would have NEVER lent her my car), the music up loud, and my car still gone! So I ran upstairs to get my phone and attempted to call her several times, but was unable to reach her. I then heard a slight noise downstairs, so I ran back downstairs to discover a tow truck dropping off my WRECKED vehicle. I went to look inside the car and discovered that the air bags had deployed and the car reeked of alcohol and the seats and floor were soaked with alcohol. My roommate then came walking down the street, clearly drunk, irrational, and making no sense at all when she would speak. I asked her if the cops breathalyzed her and she said, "yes, but I blew under the legal limit for a DWI". I asked her where the accident was and she could not remember, but told me it was near a gas station, but not the gas station in which she told me she was going. Also, at several points of trying to speak with her, in which she was yelling at me (for who knows what reason other than she was drunk), she said she ran into a pole when she was driving.
14 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 03rd, 2013 at 12:05 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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You should check with your insurance agent, but in Indiana, generally, primary insurance coverage is with the car. You former roommate, by being a permissive user of your car, may be deemed an insured under your policy. In addition, there is a potential issue of negligent entrustment, if you knew the person was intoxicated when you lent them your car (which does not sound like it is the case).
Answered on Feb 20th, 2012 at 3:50 PM
Yes you're responsible; as a permissive driver (knowledge and consent of the owner) the owner is responsible for their negligent acts. Hire a lawyer.
Answered on Oct 31st, 2011 at 1:38 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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She is responsible. Does she own a car herself? If so, there is liability insurance that will cover her negligent damage to your property which covers her as a driver of your car. If she does not own a car or have auto insurance, your car policy will cover this less the deductible if you have collision coverage. If you have no collision coverage you will probably have to sue her, get a judgment and collect it by garnishments, etc.
Answered on Oct 27th, 2011 at 11:43 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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As the owner of the car you are probably responsible because you gave her permission to use your car.
Answered on Oct 27th, 2011 at 11:04 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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If you gave your roommate permission to use your car or you had a reasonable basis to know that he/she was going to use your car, then you may be liable.
Answered on Oct 27th, 2011 at 10:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Vehilce & Traffic Law 388 provides that the owner of a vehicle is vicariously liable for the tortious acts of a permissive user. On the other hand, you can defend on the basis that she obtained the vehicle by fraud, and so you did not actually give permission.
Answered on Oct 27th, 2011 at 7:43 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You are not responsible, but your insurance carrier is so you need to contact your liability carrier immediately.
Answered on Oct 27th, 2011 at 6:40 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are always responsible when you permit your car to be used.
Answered on Oct 27th, 2011 at 6:28 PM
Assault Attorney serving Richardson, TX
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Unless there is more to the story you will not be responsible to her. Please get a second opinion because there may be a different story from her.
Answered on Oct 27th, 2011 at 5:41 PM
Your roommate is legally responsible for all damages resulting from this accident unless it can be demonstrated you knew or should have known she would operate the vehicle under the influence and lent the vehicle to her anyway. Even then, her liability will far outstrip your contributory negligence. There may be an issue with your auto insurer paying on a claim if she is a licensed driver residing in your home and is not listed on your insurance. You should consult with a personal injury attorney about seeking compensation from her.
Answered on Oct 27th, 2011 at 5:28 PM
Gary Moore
Under the circumstances which you provide you would not be guilty of permitting the operation of your vehicle by another person who was under the influence of alcohol. As for whether you COULD be charged with this offense. It is possible, but it will probably never happen.
Answered on Oct 27th, 2011 at 5:27 PM
Houston D. Smith III
You would only be responsible if you knowingly loaned your car to your roommate knowing that she was not safe to be driving at the time. Based on the facts you set forth, you would not be liable in any way. Liability insurance follows the car, meaning that your insurance company will provide coverage if she ran into a person and not a pole.
Answered on Oct 27th, 2011 at 5:26 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Under New York law, the owner of a car is legally responsible for the negligence of anyone the owner allows to drive the car. So yes, you are potentially liable and I suggest you place your auto insurance carrier on notice ASAP because if you fail to do so and you get sued, the carrier will try and disclaim your coverage.
Answered on Oct 27th, 2011 at 4:22 PM