Craig D. Rosenbaum | September 18, 2026 | Car Accidents
If you lent your vehicle to a friend or family member and they got into a car accident, you might assume the responsibility falls on them. However, at least in New York, that’s not how it works. Under Vehicle and Traffic Law § 388, vehicle owners can be held liable for injuries and damages caused by anyone who was driving their car with permission. This is true even if you were nowhere near the vehicle when the crash took place.
Continue reading this blog post or contact a car wreck lawyer for a closer look at how this law works and what you should know.
New York’s Permissive Use Law
Under Vehicle and Traffic Law § 388, vehicle owners can be held liable for injuries or property damage resulting from the negligence of someone driving their vehicle with express or implied permission.
That permission may take two forms:
- Express consent: The owner directly gives another person permission to use the vehicle.
- Implied consent: Permission is inferred from the circumstances or the parties’ conduct, such as when a family member regularly uses the vehicle without asking each time.
When a vehicle is operated by someone other than its owner, New York law generally creates a presumption that the driver had the owner’s permission. An owner seeking to rebut that presumption must present substantial evidence showing that permission was not given.
For example, evidence that a vehicle was stolen or used without the owner’s permission may help rebut the presumption. However, disputes over restrictions on how or where an otherwise permitted driver could use a vehicle can be more complicated because New York courts generally construe permissive use broadly.
How Does Insurance Work in These Situations?
When someone drives your vehicle with permission, your auto liability policy generally provides coverage for the permissive driver, subject to the terms and limits of the policy. Depending on the circumstances and available policies, other insurance coverage may also apply.
A liability claim arising from the accident may therefore involve the vehicle owner’s insurance coverage. If the damages exceed the available policy limits, additional questions may arise about other applicable coverage or personal liability.
New York’s no-fault rules apply here, too. Regardless of who caused the crash, occupants of each vehicle can file PIP claims to cover immediate medical expenses and lost wages up to the policy limits.
What if the Driver Didn’t Have Permission?
If the vehicle was taken and operated without the owner’s express or implied permission, the owner may be able to avoid liability under VTL § 388. However, the owner generally must present substantial evidence to rebut the presumption of permissive use.
That said, the line between unauthorized use and implied consent can get blurry. If the person had access to your keys or had borrowed the car before without objection, the other side may argue that consent was implied even if you didn’t give it on that specific occasion.
Can the Driver Also Be Liable?
VTL § 388 does not shift all responsibility for an accident from the driver to the vehicle owner. A driver who negligently causes a crash may still be liable for the resulting injuries and property damage.
When the driver was operating the vehicle with permission, the injured party may have claims involving both the negligent driver and the vehicle owner. The insurance coverage available will depend on the policies and circumstances involved.
Contact the Brooklyn Car Accident Attorneys at Rosenbaum Meier Personal Injury Lawyers for Help Today
When someone else is driving the vehicle involved in a crash, determining liability may require examining who owned the vehicle, whether the driver had permission to use it, and which insurance policies apply. Rosenbaum Meier Personal Injury Lawyers can investigate the circumstances of the accident, identify potentially liable parties, and pursue available compensation on your behalf.
For more information, please contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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