What is the risk for someone who lends a car to another person? Here are all the possible consequences depending on the case and how to protect yourself.
Lending a car is a gesture of courtesy, and it is very common between family members who live together. It is not forbidden to let another person drive your car, but in some cases it can be extremely risky. Firstly, the owner of the car has a certain legal responsibility with respect to the property. He could personally lose out in the event of fines for infringements committed by the driver and for accidents.
Secondly, to lend a car to another person, there are some rules to be respected according to the law, the violation of which involves rather severe sanctions. Therefore, even if the law allows you to lend your car to another person, you must use great care and prudence to avoid unpleasant consequences. It is therefore important to know beforehand what you risk by lending your car to someone.
Accident with the loaner car
Without a doubt the most problematic event that can happen when lending your car to someone is an accident. This means more than the various consequences from the perspective of injuries. The problem, undoubtedly secondary to health, is that of insurance coverage. It is always necessary to distinguish according to the responsibility of the accident, just as if it had occurred with the owner driving.
In the event that the driver of the loaned car is in the right in the accident, no problem arises as the other driver’s insurance is required to compensate the owner for damage to the loaned car and the driver if he has suffered physical injuries.
When, however, the driver of the loaned car has strict liability and whose side is at fault, several questions arise. Meanwhile, the increase in the merit class inevitably falls on the owner of the vehicle. Secondly, you need to check the insurance contract. The policy, in fact, could limit the insurer’s liability regarding accidents caused by the car owner or driver. In this case, it is the owner of the car who will have to pay the compensation due.
Fines, does the owner or the driver pay?
Fines incurred by the driver of the borrowed car are also the responsibility of the vehicle owner, even though he did not commit the offenses himself. Both can be called upon to pay the entire amount due (they are jointly liable and both can appeal), with the difference that the owner of the car also risks administrative detention.
The owner can always take legal action against the actual driver to obtain reimbursement, in order to avoid increasing late fees on the fine and seizure of the vehicle. It should be noted that the report is delivered directly to the driver and has the function of notification.
For the possible deduction of points from the licence, in the event that the notification takes place at a later time, the data of the actual driver must be communicated within 60 days, under penalty of a fine from 282 to 1,142 euros (unless it can be proven that the driver cannot be ascertained).
For violations involving the seizure of the vehicle, however, there is no risk: if the driver is not the owner of the car (and the latter is unrelated to the facts) "only" an increased financial penalty is applied to the driver.
Obviously, the situation is different if the driver is the minor child. In this case, parents are responsible for administrative sanctions and civil consequences, unless they can prove that the use of the car occurred against their will.
Crimes committed with a loaned car
There is no problem for the owner if the driver of a borrowed car uses it to commit crimes. In the Italian legal system, criminal responsibility is strictly personal and no one is liable for crimes committed by someone else. Therefore, only the actual driver is responsible for crimes committed with the car or on board the vehicle.
The rules for lending a car
When you lend your car to someone, you engage in a simple loan agreement, which is concluded without formalities and in verbal form. By law it is absolutely valid, as long as the duration of the loanment is short (less than 30 days) or if the car is lent to cohabiting family members.
To lend the car to family members or friends who do not live together for a period exceeding 30 days, in fact, it is necessary to communicate it to the Motorization Authority for the annotation on the registration document. Failure to communicate is punished with a fine of 705 euro, as well as withdrawal of the registration document.
Original article published on Money.it Italy 2023-12-26 11:43:56. Original title: Cosa rischia chi presta l’auto?
