A common question that the Boca Raton accident lawyer (also Miami injury attorney, North Miami accident attorney, Hallendale injury lawyer, Coral Gables accident attorney, Westchester injury lawyer, Cutler Ridge accident lawyer, South Miami accident attorney, Kendall injury lawyer) is whether the owner of a car can be sued when someone else is driving a car.
In Florida, there is what is called the Dangerous Instrumentality Doctrine, and this essentially means, as applied to car accidents, that when someone entrusts their car to someone else, they become vicariously liabile for resulting injuries. This was applied to car accidents in Southern Cotton Oil v. Anderson 80 Fla. 441 (Fla. 1920). Also, please note Florida Statute 324.021, which is pasted below, and the limitations to the dangerous instrumentality laws contained within the statute.
If you have been in an accident, Drucker Law Offices offers a free consultation for clients. Fees are only charged if money is recovered for you. The phone number is 561-483-9199 in Palm Beach County (principal office Boca Raton and satellite offices in Boynton Beach, West Palm Beach); 954-755-2120 in Broward County (satellite office in Coral Springs); or 305-981-1561 in Miami Dade County (satellite office in Miami).
This obviously applies from two angles. From a client who is injured where a car is owned by someone but driven by someone else, this may open a means to sue and collect money from BOTH the driver and the driver’s insurance but ALSO from the owner and the owner’s insurance. Obviously, if the car was stolen by a criminal, this doctrine would NOT apply. But assuming the driver had permission, either express or implied, then in most cases the doctrine would apply and the owner would also be responsible.
From another angle, I suggest that you be careful to who you loan your car. If you were to give your keys to a friend or acquaintance who were then to injure someone, both your insurance could be involved and you could be sued in such a case.
Thus, the dangerous instrumentality doctrine gives someone who is injured the ability to sue BOTH the owner and driver of a car. Conversely, when you lend your car to someone else in Florida, and that person injures someone, you and your insurance could be “on the hook” for any resulting injuries.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
Note: While rental car companies are owners of cars, under a relatively recent Federal law, when their renters cause an accident, the rental car company may be limited to Florida’s state mandatory coverage (in Florida $10,000) in terms of their liability under the dangerous liability doctrine. See the 2005 Safe, Accountable, Flexible, Efficient Tranportation Equity Act and what is konwn as the Graves Amendment to that Act, which the constitutionality of same is unclear from the casae law as of the time of this article. Also, when someone leases a car, the “owner” of the car is the lease company, but under a Florida State law, so long as the lessee has at least $100,000.00 per person and $300,000 per accident coverage, then the dangerous instrumentality laws do not apply and there is no vicarious liaiblity for the lessor of the car. See 324.021(9)(b) below.
If you have any questsions regarding this topics, please call the law firm at 561-483-9199; 954-755-2120; 305-981-1561.
324.021 Definitions; minimum insurance required.—The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(9) OWNER; OWNER/LESSOR.—
(a) Owner.—A person who holds the legal title of a motor vehicle; or, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
(b) Owner/lessor.—Notwithstanding any other provision of the Florida Statutes or existing case law:
1. The lessor, under an agreement to lease a motor vehicle for 1 year or longer which requires the lessee to obtain insurance acceptable to the lessor which contains limits not less than $100,000/$300,000 bodily injury liability and $50,000 property damage liability or not less than $500,000 combined property damage liability and bodily injury liability, shall not be deemed the owner of said motor vehicle for the purpose of determining financial responsibility for the operation of said motor vehicle or for the acts of the operator in connection therewith; further, this subparagraph shall be applicable so long as the insurance meeting these requirements is in effect. The insurance meeting such requirements may be obtained by the lessor or lessee, provided, if such insurance is obtained by the lessor, the combined coverage for bodily injury liability and property damage liability shall contain limits of not less than $1 million and may be provided by a lessor’s blanket policy.
2. The lessor, under an agreement to rent or lease a motor vehicle for a period of less than 1 year, shall be deemed the owner of the motor vehicle for the purpose of determining liability for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. If the lessee or the operator of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the lessor shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle. The additional specified liability of the lessor for economic damages shall be reduced by amounts actually recovered from the lessee, from the operator, and from any insurance or self-insurance covering the lessee or operator. Nothing in this subparagraph shall be construed to affect the liability of the lessor for its own negligence.
3. The owner who is a natural person and loans a motor vehicle to any permissive user shall be liable for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. If the permissive user of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the owner shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle. The additional specified liability of the owner for economic damages shall be reduced by amounts actually recovered from the permissive user and from any insurance or self-insurance covering the permissive user. Nothing in this subparagraph shall be construed to affect the liability of the owner for his or her own negligence.
History.—s. 1, ch. 29963, 1955; ss. 13, 35, ch. 69-106; s. 1, ch. 71-59; s. 100, ch. 71-377; s. 1, ch. 72-297; ss. 1, 2, ch. 73-180; s. 1, ch. 76-266; s. 6, ch. 76-286; s. 1, ch. 77-118; s. 6, ch. 77-468; s. 135, ch. 79-400; s. 562, ch. 82-243; s. 2, ch. 83-200; s. 2, ch. 86-18; s. 3, ch. 86-229; s. 21, ch. 87-161; ss. 6, 7, ch. 88-370; s. 1, ch. 96-362; s. 28, ch. 99-225; s. 301, ch. 99-248; s. 9, ch. 2001-271; s. 1, ch. 2005-156; s. 1, ch. 2007-49; s. 42, ch. 2008-176.
