In auto claims, permissive use can get pretty complicated. Who had permission to use the car, and when did they have it? Let's look into one example with Dan Kohane, an attorney at Hurwitz & Fine, P.C.
Hi Dan,
I have an interesting auto claim which I would like your opinion on. The insured's car rear-ended a van at a stoplight-- luckily, there were no injuries, just property damage-- but the insured's car wasn't being driven by the insured. The driver was actually the insured's son's girlfriend. I spoke to the insured, and he told me that when he lent his car to his son, he made the son promise that nobody else would drive it. His son took the car to a local tavern and met up with his girlfriend. The son then told his girlfriend that the car was his, let her drive it, and this accident occurred.
I think this is an interesting claim when it comes to Permissive Use, because the son did have permission, and the girlfriend believed she had permission from the owner of the car. The driver of the van that was hit is suing the girlfriend and the father for damages, and I'm also dealing with the father's property damage claim to his own car. Dan, how would you approach this claim?
Thanks!
(Dan will recap these facts, so no need to take notes!)