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New resident allows others to drive her vehicle

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Taxing Matters

Overtaxed Member
What is the name of your state? IL

I mean after all only the owner/ operator of the vehicle can drive that vehicle. I'm not stupid.

Although not stupid, you are poorly informed. There is no law in any state that prohibits a person who is not the owner of a car from driving it, so long as that person has a valid driver's license, is fit to drive, and has the permission of the owner of the car. A prudent person lending his/her car to another to use will make sure the borrower has a valid license, doesn't have a history of being an unsafe driver, and isn't under the influence of alcohol or drugs before he/she gives the borrower the keys. Doing that will help the owner being personally liable for damages caused by the negligence borrower under the principle known as negligent entrustment of the vehicle. If the owner does all that then in most states the owner won't be personally to anyone as a result of the accient for negligent entrustment. Of course, the owner's insurance will pay out up to policy maximums should that happen, with the likely result that the owner's insurance premiums are likely to go up.

In short is not a crime in any state to lend your car to someone else or for that borrower to drive it (assuming they are not co-conspirators in some criminal enterprise, like drug dealing). But there can be civil liabilty for damages caused to the property of others or for injury to others caused by the borrower's negligence. The owner can help shield himself/herself from personal liability for the borrower's negligence in most states by taking prudent steps to vet the driver and ensure he or she is not at greater risk of causing an accident than the average driver.

If it was illegal for an owner to lend his/her car to another person to drive then auto insurance policies would not cover the damages caused by the borrower. But pretty much every auto policy expressly those damages.

Although I am an attorney I'm not in your state. If you want to find out the specifics of the risks a car owner takes in your state by lending his/her car to someone else, ask an attorney who represents drivers who are sued for negligence. What you are likely to hear won't be a whole lot different than what I've explained above.
 


Taxing Matters

Overtaxed Member
It is against the law.. If a police stops you and it's not your car. Duh you go to jail .

I was once stopped by a cop for running a red light while driving my father's car. The cop ticketed me for the failure to stop but no citation for not being the owner of the car, let alone going to going to jail. It cost me a fine for running the red light and 2 points on my driving record but that was all. No fine or jail for driving a car that is not mine because I had my father's permission to drive it.

Again, it is not illegal drive another person's car if you have the permission of the owner, have a valid driver's license, and are fit to drive (e.g. not impaired by drugs, alcohol, or some other problem).
 

cbg

I'm a Northern Girl
Last year, DH and I turned in both our cars and bought a new one, becoming a one-car family. The car is in my name because we transferred my title. However, DH paid the balance of the cost because that's how the finances worked out.

By Bozo's logic, DH could not drive the car he paid for because we used my title.

And, had we transferred his title instead, I would be unable to drive it.
 
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quincy

Senior Member
Because Illinois allows for “citizen arrests,” conditioned on a “reasonable belief” of the citizen that a crime has been committed, all you really need is an ill-informed citizen like teeboz to initiate an arrest. Of course, one would hope that any responding police officer would find the reasonableness of the citizen’s arrest not all that reasonable. :)

https://www.ilga.gov/legislation/ilcs/documents/072500050K107-3.htm
 

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