Your Liability in an Auto Accident in Tennessee – Even When You Were Not in the Car

By Thomas Greer | November 23, 2015

Your Liability in an Auto Accident in Tennessee

You consider yourself to be a smart, responsible, and conscientious driver. You follow traffic rules, obey the speed limit and you try to be as courteous as you can to other drivers. Then, your cousin Bob comes to town and he wants to borrow your car to run an errand. You think to yourself, “Why not?” Bob drives the car and later in the afternoon you get a phone call. Bob has caused a car accident. You begin to panic as you call a cab to the scene. “Can I be held responsible for an accident when I was not even in the car?” you wonder to yourself.

The answer is probably no. Unless you had knowledge that Bob presented a danger behind the wheel (e.g. if he had been drinking) but you still gave him permission to drive, you probably cannot be held personally liable for Bob’s accident and any injuries or property damage related to the accident. However, your insurance company might be responsible for defending Bob. If the accident involved several vehicles, bodily injury and significant property damage, and the injured parties file a claim or lawsuit against Bob for their medical expenses and property losses, your insurance company may continue to be involved in the claim or lawsuit.

Am I responsible if my car was stolen?

In the example above, if Bob had simply taken the keys without getting permission to use the car, drove recklessly and then caused an accident you will not be held accountable, either. If your car was stolen from your driveway by a stranger and they used your car to injure others and cause property damage, you will not be held responsible for the injuries and property losses the thief caused when they stole your car.

What if one of my kids caused the accident and resulting injuries?

Tennessee uses the “family purpose doctrine” in regards to auto accidents involving children. In layman’s terms, the family purpose doctrine says that the head of the household can be held liable if an accident occurs. So if Bob, to use our earlier example, is your son and he borrows the car (with your permission), and then gets into a car crash which results in the other driver being injured, you can be held liable for that accident if you are considered the head of the household. It can also apply to a grandparent, a step-parent, and an aunt or uncle (and so on). In the landmark case Starr vs. Hill, the Tennessee Supreme Court expanded the reach of the doctrine to include cases where there are more than one head of household, or where the parents live in separate residences because of a divorce. Thus, both of you may be on the hook for liability if your child crashes the car.

Furthermore, parents and legal guardians can be held responsible if their child or a minor in their custody (under 18 years old) who took your car without your express permission. So if your child “borrowed” the car without letting you know, you can still be responsible for the damages caused.

Even though you might not be held legally liable for any accidents a third party causes while driving your car, you should still check your insurance policy to find out if there are any restrictions when it comes to covering any driver who isn’t you. You will also want to make sure that the driver – whether it is your friend, your child or even your spouse – has a valid driver’s license and their own car insurance. Finally, make sure that your car’s registration and a current copy of your proof of insurance card are in the glove box of your car.

If you have a question about the terms of your auto policy, Bailey & Greer, PLLC is here for you. Feel free to give us a call and one of our knowledgeable auto accident attorneys will be glad to discuss the matter with you. To schedule a no-obligation consultation with a dedicated auto accident attorney in Jackson or Memphis, please contact us today.

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