Legal Question in Personal Injury in New York
Liable for the auto accident?
About two years ago I had lend my car to an employee (off the books) to take care of business matters but instead he used the car for his personal matter and got into a car accident. Am I liable for this accident even though I was not in the car and did not give permission to the driver to use the car for his personal errands?
1 Answer from Attorneys
Re: Liable for the auto accident?
Unfortunately, NY is a vicarious liability state, and you are generally liable. There might, however, be an exception under frolic/detour law. The question is whether he ison afrolic or a detour. If he runs an errand without straying off his path, you are likely liable. If he goes out of his way on a clear frolic, youmightbe able to avoid liability. Tell the whole story to your insurance company lawyer,and let him or her proceed accordingly. If you have concerns about things are proceeding, you are entitled to hire your own attorney to monitor the case for you.
Lawrence M. Simon, Esq
800-784-5140
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