Dangerous Instrumentality Doctrine: Permissive Users in Car Accidents

In Florida, we have many unique and complicated laws regarding auto injuries and insurance claims. Many people do not realize that if they lend their car to someone and that person's negligence causes injury, both the owner of the vehicle and the driver are responsible.

This can be a very difficult to accept when the owner did nothing wrong other than allow a friend or family member to drive their car. Also, the owner can be held responsible for hundreds of thousands of dollars in damages regardless of whether or not they were insured.

What is the Dangerous Instrumentality Doctrine?

This legal principle called the Dangerous Instrumentality Doctrine can be very helpful for an injured party because often times the person who borrows and drives the vehicle does not have auto insurance.  Therefore, if the owner was not held responsible, the injured party would not be able to recover any money for their damages.

It is Important to Complete a Thorough Investigation

This is yet another reason why your Personal Injury Attorney should perform a complete and thorough investigation into your accident. Identifying other potential owners or joint ownership in a vehicle may entitle you as the injured party to more money from various insurance companies. This is an aspect of your claim that should never be overlooked.

On many occasions, we have encountered accidents where the initial or even secondary responsible parties were not insured. Without a complete and thorough investigation into the ownership interest in the vehicle as well as the purpose for the driver’s trip on the date of the accident, our clients may not have recovered any money. 

When To Work With a Car Accident Attorney

If you or someone you care about has been injured in a motorcycle, auto, or truck accident, do not hesitate to call an attorney today.  It is important to get help immediately following an auto accident.