Q: A guy wants to borrow my cargo trailer to move some heavy furniture across the country. Am I taking any legal risk here
California. He wants to travel to Wyoming and back. I’m not sure I’m comfortable with that. I’m just wondering, if he wrecks and hurts someone else on the highway, would I be held liable? Would I get sued?
A:
Yes, there is the potential of risk. Your trailer should be separately licensed and insured. He would be a permissive user of the trailer and, as such, would be insured under your policy for any liability arising out of the use of the trailer. His own insurance would insure him for liability arising out of use of his own vehicle, and his own insurance would probably be excess coverage above your own insurance for liability arising out of use of the trailer.
Under CA law, your liability would be limited to ownership liability, which is $15k/person, $30k/accident for bodily injury, and $5k for property damage. Not sure what the ownership liability statutes are for states along the route to Wyoming.
There is the potential for unlimited liability if the trailer is negligently maintained, and the negligent maintenance causes injury. Seems remote, but you would know the condition of the trailer better than anyone.
Do not charge him for use of the trailer. Once you make it a business enterprise, your insurance coverage could be voided. If you have adequate insurance coverage, you should be protected.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
