Many vehicle owners in Ontario lend their cars to family members or friends without giving it much thought. However, doing so comes with significant legal and financial risk.
Under Ontario’s Highway Traffic Act, section 192(2), the law states:
The owner of a motor vehicle or street is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle…unless the motor vehicle…was without the owner’s consent.
This means if you lend someone your vehicle, even a household member, and that person causes an accident, you may be held responsible for any resulting personal injury. Your auto insurance policy follows your vehicle, not the driver.
It is imperative to list all members of your household on who may operate the vehicle. Even occasional drivers that may not live with you may need to be listed on your policy. If you fail to list drivers on your policy, it may result in a denial of coverage in certain situations.
If you have been involved in an incident causing you injury, it is always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (844) DIAL JRJ.