Idaho Law Blog
Let’s suppose you own a truck, and let’s also suppose your neighbor Bill does not. One day, Bill knocks on your door and asks a favor. He just purchased a new couch, and he has no way of transporting it from the furniture store to his house. He asks if you’d be willing to lend him your truck. You’ve known Bill for years and that he’s a good driver, so you say yes. Bill takes your keys and is on his way, and before long, the bad news arrives. While driving to the furniture store, Bill ran a stop sign and broadsided another car. Under these circumstances, can you be held responsible for the damage and injuries Bill has caused?
Yes, under Idaho law, you can be held responsible for Bill’s negligence. Idaho statues explain that if you give another person express or implied permission to use your motor vehicle, and that person negligently crashes while using your vehicle, you are liable for any resulting death, injury, or property damage. However, your liability under these laws of “imputed negligence” is limited by statute to the greater of 1) $50,000 for bodily injuries or deaths to multiple persons (a $25,000 limit applies if only one person is injured or killed) and $15,000 for damage to property or 2) the limits of your liability insurance.
These laws on imputed negligence come into play perhaps most commonly where family members share cars. In this context, if a person gives a family member general permission to use a family vehicle at least occasionally, this permission is presumed to be ongoing, and specific approval at a precise time is unnecessary. For instance, if you generally allow your son to use a family vehicle and he doesn’t specifically ask before taking the car to the movies, you are liable for his negligence if he crashes along the way.
In a business context, car rental companies and dealerships commonly rent or lease out their cars and thereby give permission to others to drive their cars. However, under the imputed negligence statutes, if a rental company or dealership rents or leases out a car, it is not held responsible if the driver negligently crashes, so long as the company did not act negligently or engage in criminal activity.
In addition to the imputed negligence laws, other Idaho laws can create liability for car owners who give other permission to use their cars. If a car you own has been involved in an accident, contact Racine Olson and speak with one of our experienced personal injury attorneys. We can help solve your problem.
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