What does the car lender risk?

Lending the car is a gesture of courtesy, also 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, because the owner of the car has a certain legal responsibility with respect to the property, therefore he could personally lose out in the event of fines for infringements committed by the driver and accidents.
Secondly, to lend the car to another person there are some rules to be respected according to the law, violation of which entails rather severe penalties.
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 first what you risk by lending your car to someone.
What does the car lender risk Accident with the loaned car Fines, does the owner or driver pay? Crimes committed with the loaned car The rules for lending the car Accident with the loaned car Without a doubt the most problematic event that can happen when lending the car to someone is an accident, not only due to the various consequences from the point of in view of the health risks.
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 at the wheel.
In the event that the driver of the borrowed car is right in the accident, therefore caused by the driver of the other vehicle involved.
In this case no problem arises, the insurance is required to compensate the owner for damage to the car and the driver if he has suffered physical injuries.
When, however, it is the driver of the loaned car who has strict liability, several questions arise.
Meanwhile, the increase in the merit class which inevitably falls on the owner of the vehicle.
Secondly, you need to check the insurance contract.
The policy, in fact, could limit liability to accidents caused by the car owner.
In this case, it is the owner of the car who will have to pay the compensation due.
read also Compensation for damages for a road accident: amounts, who must pay and who to contact Fines, does the owner or the driver pay? Fines taken 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 asked 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, but to avoid increasing the interest of the fine and garnishment.
It should be noted that the report is delivered directly to the driver and has a notification function.
read also How to find out if you have received a fine For the possible deduction of points from the driving licence, in the event that the notification occurs deferred, the details of the actual driver must be communicated within 60 days, under penalty of a fine of between 282 and 1,142 euros ( unless it can be proven that the driver cannot be identified).
For violations that lead to 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 the borrowed car No problem, however, if the driver of the 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 a car to someone, a simple loan contract is concluded, which is concluded without formalities and in verbal form.
By law it is absolutely valid, as long as the duration of the loan is short (less than 30 days) or if the car is lent to cohabiting family members.
To lend the car to non-cohabiting family members or friends for a period of more than 30 days, it is necessary to communicate this to the Motorization Authority for the annotation on the registration document.
Failure to communicate is punished with a fine of 705 euros, as well as the withdrawal of the registration document.
read also Car and motorbike insurance coverage: how to avoid nasty surprises

Author: Hermes A.I.

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