For one reason or another, a friend, family member, coworker, or just someone you know may ask to borrow your car. It’s easy to immediately say yes, considering you know the person, you should always take the time to double check that they have their driver’s license. Driving without a license is a citable offense and can even result in jail time if you aren’t careful or if it isn’t the first offense. Given that the legal penalties for driving without a license can be so strict, it begs the question of what happens if someone is pulled over without a license, but they are in your vehicle? Learn everything you need to know in order to protect yourself from both a legal and insurance standpoint.
Understanding the Legal Consequences for the Unlicensed Driver
First and foremost, it’s worth looking at what is going to happen to the person who borrowed your vehicle. Being an unlicensed driver can take many forms, including having an expired license, suspended license, or no license at all. Remember that not having your license on you, unless you are in a state that allows digital licenses, also counts as being unlicensed. While a police officer can look you up in their database, they may still cite you for not having your license on you.
If you are a truly unlicensed driver, though, the penalties can include jail time and long-term consequences such as an inability to acquire a driver’s license again. It can also cause your insurance rates to go up as you may be deemed higher risk. All of these factors combined should be reason enough to always double-check that your license, as well as the license of anybody borrowing your car, is present.
What Happens to the Car Owner in This Situation?
Despite the fact that you weren’t in the vehicle with the unlicensed driver, you don’t automatically have no liability. For example, if that driver gets into an accident and it can be proven that you knew they were an unlicensed driver, you could be held legally responsible to a degree as well. This is all dependent on state law.
On top of this, though, insurance companies may also deny your claim if they find out that it was an unlicensed driver that you unknowingly let drive your vehicle. The story would be different if they had a license, as insurance typically covers this, but knowing that you allowed them to drive may cause them to deem negligence to be present in the situation, which can result in the denial of your claim. On the topic of negligence, lending your car to someone who doesn’t have a license could be considered a breach of duty of care in court, meaning that if the person who borrowed your car is sued for personal injury, you may also be forced to pay.
How to Avoid Lending Your Car to an Unlicensed Driver
Realizing that you lent your car to someone who doesn’t have a license is a scary situation, but there are ways you can avoid this situation. Consider the following quick tips:
- Screen Potential Borrowers: Always start by checking the borrower’s license status before lending a vehicle to them, regardless of whether it’s a close friend or a stranger.
- Informed Consent and Waivers: If possible, have written consent or waivers in place when lending out your car to strangers that reduce your liability and say you are confident, to the best of your ability, that they are licensed.
- Don’t Lend Your Car to Others: While you may not want to come off as rude, lending your car to another person comes with serious legal risks, and the easiest way to avoid them is to just not allow it.
Keep your vehicle out of the hands of others
There are many risks that come from lending your vehicle to an unlicensed driver, but above all else, remember that it is illegal. Knowingly doing this can put you at risk legally and expose others on the road to unsafe drivers. You should always consider carefully who is going to be borrowing your vehicle before allowing them to take off. In the event you are uncertain about your liability in a situation, it’s worth giving your insurance company a call, or a personal injury lawyer, to ask for clarification so that you can rest easy knowing you are protected on the legal front.
