This, of course, assumes he might get stopped. I am looking for legal, not ethical, ramifications. Thanks.
2007-08-28 02:10:58 · 7 answers · asked by Yerrek 1 in Politics & Government ➔ Law & Ethics
This varies a lot by state. In NJ if you knowing allow a person who is drunk to drive your car, you get a DUI also. Some states will hold you criminally responsible if you knowingly allow a person to drive your car to overcome restrictions, others will not.
Civil responsibility is an almost 100% certainty. If he or she injures or kills someone, you are just as legally responsible as the driver. It is called negligent entrustment and many states have passed statutes along with their DUI laws making negligent entrustment cases in DUI situations easier to pursue for the victims. You could lose anything you own and anything you may own in the future.
Check with a local attorney for the specific laws in your state.
Good luck.
2007-08-28 02:27:00 · answer #1 · answered by Anonymous · 3⤊ 0⤋
At a minimum, negligent entrustment, which makes you civilly liable for any harm he causes. And your insurance will disclaim, which will mean you will lose everything except one change of clothes, the family bible, and the tools of your trade.
Potentially, especially in Nassau County, NY, you would be indicted as an accessory before the fact, which carries the same penalties as the crime. So if the person kills while drunk, it's automatically manslaughter, and isn't five to fifteen years of being the new wife a small price to pay for being a good friend?
2007-08-28 09:37:15 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It's a question of state law. You certainly have civil liability for any damages and the criminal part is something you need to check your state statute for. In my state it's a 90 day misdemeanor.
2007-08-28 11:06:40 · answer #3 · answered by MICon 2 · 1⤊ 0⤋
It's called "negligent entrustment". That means that you're on the hook if he wraps your car around a tree (or someone else). Don't loan out your car.
2007-08-29 20:18:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is all on him, he knows he should not be using the car. The only thing I can think of is you having to pay $200 to get your car out of the impound, or worst case scenario he runs from the cops and wrecks your car.
If he uses your car and gets stopped just tell them you didnt know about his restriction, that should be enough....but they will tow the car....
2007-08-28 09:20:40 · answer #5 · answered by railer01 4 · 0⤊ 3⤋
All I know is that when you give a person permission to drive your car, you are accepting all responsibility for that person.
2007-08-28 09:19:29 · answer #6 · answered by towanda 7 · 2⤊ 0⤋
say you didn't know.
2007-08-28 09:15:32 · answer #7 · answered by Anonymous · 0⤊ 3⤋