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Permissive Use Doctrine For Car Owners Auto Accident Attorney Advice

Alexander D. Napolin, Esq.

Car Accident Attorney Advice Permissive Use Doctrine For Car Owners

Auto Accident Attorney Advice

For attorney advice, call an California auto accident lawyer –  California motor vehicle law requires minimum liability insurance coverage of at least $15,000 for bodily injury or death of each person as a result of any 1 accident and $30,000 for bodily or injury or death of all persons as a result of any 1 accident and at least $5,000 for damage to property as a result of any 1 accident.

In California, automobile insurance is required of every driver and owner of a motor vehicle at all times. That's right, every driver and every owner of a motor vehicle in California must carry evidence of financial responsibility (auto insurance) in their motor vehicle at all times and be ready to present such evidence at the demand of a peace officer. A failure to comply with this law carries a fine between $100 and $200, plus additional assessment penalties, for the 1st infraction and a fine between $200 and $500, plus additional assessment penalties, for any subsequent infraction within 3 years of the 1st. 

Permissive Use Doctrine For Car Owners Auto Accident Attorney Advice

CaliforniaVehicle Code Section 17150 states:  “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.”   This is concept or doctrine is called “permissive use.” Basically, permissive use means that a registered owner of an automobile in California is liable per accident regardless of whether they were operating the car in the event that they permissibly lent their car to the person who caused the accident. The owner's liability exposure depends on what caused the crash and what the permissive user was doing when the accident occurred.

In the event the permissive user was acting for themselves when the car accident occurred, the owner's liability is limited to $15,000 for injury or death to one person, or $30,000 if the accident causes injuries to more than one person.  California Vehicle Code Section 17151(a) provides, in part:  “The liability of an owner . . . is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person . . . and . . . to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person “   Also, property damage liability is limited to five thousand dollars ($5,000).

In the event the permissive user was acting on behalf of the owner such as in an employment relationship or just running an errand for the owner of the vehicle, then the limitations of damages under California Vehicle Code Section 17515(a) does not apply. The owner of the vehicle could very well be held responsible for all injuries and damages caused by the neglect of the driver.

In the event the owner of the motor vehicle acted with independent negligence, the damage limitation obviously does not apply either. Examples include where the owner lends his car to an unlicensed driver or knows the car is defective in some way that foreseeably could cause a crash. So before lending a vehicle to another person, the owner “is required only to make a reasonable effort or inquiry to determine whether the prospective driver possesses a valid driver's license before allowing him or her to operate the owner's vehicle.”  Vehicle Code sec. 14604 (a).  Another good example is where parent allows an unlicensed child to drive the parent’s vehicle.  Vehicle Code sec. 14607.C Accident Injury Attorney Advice For Car Owners

Car Accident Injury Attorney Advice For Car Owners

If you have been involved in a car accident in Southern California, you should get advice from an attorney immediately about your legal situation. In the event you have been injured by the neglect of another driver, you will need to know how to best pursue your claim against that driver and their insurance company. Knowing who is responsible for your injuries and to what extent is absolutely imperative to understand how much you can recover on your claim. To get a free, no obligation legal consultation today, you can contact Napolin Law Firm at 1 (909) 325-6032. Or you can submit a form for a call at www.napolinlaw.com. Having some immediate legal advice is imperative to your claim even in the event you decide not to choose to hire a lawyer. And, know that when you do decide you need representation by Mr. Napolin, you pay not one nickel unless he recovers money for you! Get Inland Empire personal injury car accident lawyer Alexander Napolin on the phone today!

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