When someone lends a car in Maryland, what happens if the borrower gets into a crash? In simple terms: if you give permission, your policy likely covers it; if you don’t, you may be off the hook—but things aren’t always that neat. Let’s walk you through how permissive and non-permissive use work under Maryland law.
What is “Permissive Use”?
Permissive use means a vehile owner gives someone permission (explicitly or implicitly) to drive their car. In Maryland, when you allow someone to drive your car and they cause an accident, your auto insurance policy usually acts as the primary source of coverage.
For example, if you hand your friend the keys and say, “Go ahead,” that’s permissive. The policy’s “omnibus clause” may extend coverage to that driver. If the borrower causes an accident, you need to check carefully whether your permission was clear.
How Does Permissive Use Impact Liability?
When you allow someone to drive your vehicle and they crash, your policy usually pays up to its limits, and the driver’s policy may kick in if the damages exceed those limits. Yet, you must ensure the driver was truly authorized.
If permission was vague or implied in a risky way, the insurance company might challenge coverage. An owner who routinely lets someone drive might be creating implied permission, which carries its own risk.
What is “Non-Permissive Use”?
Non-permissive use occurs when someone drives your vehicle without your consent or beyond the scope of your consent. For example, someone uses your car without your knowledge, or you tell them they can’t drive it, but they do anyway.
Under those circumstances your insurance may refuse coverage. The unauthorized driver may be personally liable for the accident damages. The vehicle owner typically won’t be held liable for the driver’s negligence unless other factors apply.
When Could the Owner Still Face Liability?
Just because you lent your car doesn’t mean you’re off the hook. Two issues matter: negligent entrustment and your own “vicarious” liability.
Negligent entrustment
If you lend your car to someone you know, you could be liable for negligent entrustment. In that scenario a court may hold you responsible for damages even if you weren’t driving.
Agency/Owner Liability
In Maryland, drivers and owners may face liability when the owner exerts control or the driver is the owner’s agent (for example, an employee). So, if you gave permission but also maintained control or directed the driver’s actions, your liability risk is higher.
Insurance Minimums and State Data
You must carry at least $30,000 per person for bodily injury liability and $60,000 per accident for bodily injury involving more than one person in Maryland.
A government-issued advisory emphasizes that your policy’s liability coverage generally extends to drivers given permission. These numbers matter because when someone else drives your car, and damages exceed those amounts, you might face additional exposure.
Why You Might Want a Personal Injury Lawyer
If you or someone else was injured in a crash involving a vehicle you own or lent, you can consult a personal injury lawyer who steps in. A lawyer can review:
- Was the use permissive or non-permissive?
- Did you as the owner know about the unsafe driver history?
- What do the policy terms state about permissive use or exclusions?
- What are the implications of Maryland’s contributory negligence rule?
Final Thoughts
Maryland follows a strict contributory negligence standard. Even if the injured party was 1% at fault, they may be barred from recovering damages. Given the complexity, the guidance of a lawyer experienced in vehicle use cases in Maryland can make a big difference.
Key Takeaways
- Verify you gave clear permission and your driver is safe before lending your car.
- Review your policy’s permissive use terms.
- Understand that if someone drives without consent, the risk shifts significantly.
- Be aware of Maryland’s strict contributory negligence rule when injury claims arise.
- You must consult a personal injury lawyer when in doubt about liability or coverage.
