Section 17151 - Liability of owner, bailee of owner, or personal representative of decedent

2 Analyses of this statute by attorneys

  1. Liability for Loaning out your car— The Permissive User

    Barry P. Goldberg, A Professional Law CorporationBarry GoldbergJanuary 31, 2017

    This category covers most permissive use accidents. California Vehicle Code Section 17151(a) states: “The liability of an owner … not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person … and … to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person…” Thus, if you let your friend borrow your car to run an errand, and they subsequently get into an accident where they are at fault, then your liability for the accident will be limited to fifteen thousand dollars for injury or death to one person, or thirty thousand dollars for injury or death to more than one person. Section 17151(a) also limits your property damage liability to five thousand dollars ($5,000) for property damage caused to others in the accident.

  2. How to Prove Liability in a California Car Accident Case

    Maison LawMartin GasparianMarch 19, 2024

    hout protest or prohibition from the ownerThe owner's requesting the driver to retrieve something from a store or restaurantThe driver's performing an errand for the household or benefit of the vehicle ownerVehicle owners face liability under the “permissive use” statute only up to $15,000 per person injured or killed or $30,000 per accident for bodily injury or death.The Employer-Employee Relationship In California, an employer faces vicarious liability when the employee -- acting in the course and scope of employment -- injures someone due to negligent driving. This can happen even if the employee drives a personal vehicle. If you have a case whether the employee wrecks in a personal vehicle, you will need to have a job description, job qualifications and requirements, and policy manuals. Employers may face liability if the at-fault employee:Was performing job duties while driving or drove to benefit the employer; orWas required to have a personal car as part of the jobThe limits in California Vehicle Code Section 17151 do not apply if the owner of the vehicle employed the at-fault driver.Negligent Entrustment Under a negligent entrustment theory, the owner's responsibility for damages is not limited to the amount of car insurance. Unlike liability based on permissive use, liability for negligent entrustment arises from the failure of the owner to exercise reasonable care in allowing the at-fault driver to operate the vehicle. You prove that the owner negligently allowed an incompetent driver to operate the vehicle at the time of the crash.You might be able to establish negligent entrustment from the fact that the driver did not have a license if the owner knew or should have known the driver did not have a license. By California Vehicle Code Section 14604, owners must make a “reasonable inquiry” into whether the driver has a valid license before allowing the driver to operate the vehicle. Note that the statute does not require the owner to contact the California Division of Motor Vehicles to ask abo