Pittsford, NY asked in Car Accidents and Personal Injury for New York

Q: If I give an employee explicit permission to use my personal vehicle does that imply anyone else permission to use auto?

Can employee give anyone else permission to use vehicle.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: The simple answer is that express permission to one person would often mean they are the person permitted to use the vehicle. But depending on the relationship, level of friendliness, stating something to the effect that use of vehicle is for company purposes (or personal use as well), mentioning (or not mentioning) other restrictions on the use of the vehicle, it could also be a situation that could give rise to the two people interpreting things differently. Good luck

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: New York Vehicle and Traffic Law § 388 establishes a rebuttable presumption that a vehicle's owner consented to the operation of the vehicle by another party and makes the owner vicariously liable for the actions of the driver. To rebut this presumption, you must offer "substantial evidence" that permission was not granted to anyone else. Keep in mind that if the driver was not operating the vehicle with the owner's permission and consent, the owner's insurance will NOT cover the driver's negligence or any harm resulting therefrom.

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.