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

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

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.

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