In Maryland, letting another person drive your car may seem simple—but it carries legal and financial risks you may not expect. Whether it’s a friend, family member, or coworker, you need clarity about liability rules and insurance coverage.
As you read this, keep in mind that a personal injury lawyer often plays a key role when things go wrong. This guide helps you see what to watch for before handing over your keys.
1. Negligent Entrustment: Risk of Liability
Maryland law holds that if the borrower causes an accident, you might still face liability under the doctrine of negligent entrustment. Negligent entrustment occurs when an owner gives a car to someone they know (or should know) has poor driving habits or a dangerous record.
In such cases, a victim may name both the driver and the owner in a lawsuit. A Maryland personal injury lawyer helps victims navigate those claims.
2. Permissive Use and Insurance Coverage
In Maryland, your auto insurance typically covers a “permissive driver”—someone you allow to use your car. The owner’s policy is usually the primary coverage source. If the damages exceed those limits, the driver’s insurance can step in as secondary coverage.
But coverage may not apply if you never gave permission or if you knowingly lent the vehicle to an unsafe driver.
3. Vicarious Liability & Control
In Maryland, the law sometimes sees the person driving your car as your “agent.” That means if they were running an errand for you or following your directions, you could share the blame for what happens on the road. It might not seem fair, but the law focuses on control and responsibility, not presence.
Think of it like this: when you hand someone your keys for a purpose that benefits you, you’re still connected to their choices behind the wheel. If they make a mistake, that connection can come back to you in the form of legal or financial responsibility. It’s a hard truth for many car owners who only wanted to help someone out.
4. Maryland’s Contributory Negligence Rule
Maryland is one of the few states that still follows pure contributory negligence. Under this harsh rule, if an injured party is even 1 percent at fault, they may be barred from recovery. That makes evidence and legal strategy extremely important in car accident cases. A skilled personal injury attorney becomes essential to protect your rights.
5. Steps to Take If an Accident Happens
If someone else driving your car is in a crash, act fast:
- Call 911 and get a police report.
- Document the scene: photos, witness names, and contact info.
- Inform both your insurer and the driver’s insurer.
- Avoid admitting fault or making statements until you consult a lawyer.
- A personal injury attorney can review your case and advise.
An attorney in Maryland can assess whether you face exposure under negligent entrustment or vicarious liability and guide your defense or claim.
Closing Words
Letting someone drive your car in Maryland is more than a favor—it carries real consequences. The owner’s insurance typically applies under permissive use, but negligent entrustment may expose you to additional liability.
Vicarious liability can tie you to the driver’s actions. Maryland’s strict contributory negligence rule makes protecting your claim critical. If a crash occurs, good evidence and legal counsel often make the difference.
Summary
- Your policy usually covers permissive drivers in Maryland.
- You may be liable under negligent entrustment if you lend to a risky driver.
- Vicarious liability can attach if the driver acted as your agent.
- Maryland’s contributory negligence rule is unforgiving.
- In a crash, document everything and consult a personal injury lawyer.
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