Q: Can my elder Mom be held liable if someone driving her car is in an accident?
A contractor worker for my Mom has befriended her and been very helpful to her, with my sister and I living far away. She has allowed him to take the car to his home and take her places when she calls ahead. My concern is who is driving the car when he has it. If he were to let uninsured folks drive her car, could she be liable in the event of an accident because she owns and insures the car?
Many thanks! I was afraid that might be so. I am here visiting now, for her 83rd birthday and will warn her of the potential danger. As she struggles to keep her independence she does not like anyone "telling her what to do". I hope I can protect her.
Update: Mom tells me she has had the man and his son put on her insurance. The man owns a business, so if he were to let his employees use the vehicle, would he then be liable, or still my Mom?
A:
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
A:
100% yes. This is referred to as the "dangerous instrumentality doctrine." Both the driver and car owner (even if car owner isn't driving or in the car at the time) can be held responsible for an accident caused by the driver's negligence.
I discuss in more detail in the below white paper:
https://www.neufeldlawfirm.com/wp-content/uploads/2016/07/Auto-Injury-101.pdf
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