Genesis GV70 Forum & GV80 Forum banner
1 - 5 of 5 Posts

·
Registered
Joined
·
15 Posts
Discussion Starter · #1 ·
Anyone seen this ridiculousness????
I completely feel for the deceased's family here, but....
If the court rules against the owner of the vehicle, it may be precedent setting and might deter people from getting their cars serviced... or, actually getting ANYTHING serviced.
The guy didn't "loan" his car to the dealer using the actual Webster's definition of "loan".
Further, the people working on the car were over 18 years old.
Loaning a vehicle or any other item to an adult, does not automatically make the owner of said item responsible for the actions of the person using the loaned item.
In fact, it may go further than that - blaming the owner for everything that happens downstream...for any "loaned" item.
Now comes the question of defining the word "loaned"...
I'm unsure how this even made it to court, other than ambulance chasers.


Love to hear your thoughts on this because the whole thing just makes my blood boil a bit...
 

·
Registered
Joined
·
40 Posts
Anyone seen this ridiculousness????
I completely feel for the deceased's family here, but....
If the court rules against the owner of the vehicle, it may be precedent setting and might deter people from getting their cars serviced... or, actually getting ANYTHING serviced.
The guy didn't "loan" his car to the dealer using the actual Webster's definition of "loan".
Further, the people working on the car were over 18 years old.
Loaning a vehicle or any other item to an adult, does not automatically make the owner of said item responsible for the actions of the person using the loaned item.
In fact, it may go further than that - blaming the owner for everything that happens downstream...for any "loaned" item.
Now comes the question of defining the word "loaned"...
I'm unsure how this even made it to court, other than ambulance chasers.


Love to hear your thoughts on this because the whole thing just makes my blood boil a bit...
You got suckered by the headline. In NY as in most if not all states, if the operator of the vehicle is the employee, agent or servant of the owner, the owner is vicariously liable. In fact, in Michigan (where this story took place), the owner is liable when they simply give implied or express permission to use the car. The law does not require that you loan the vehicle. This has not stopped folks from getting anything serviced. The dealer has a huge policy and the owners carrier will crossclaim against the dealer. Not sure why you are so fixated on the word loan.

Under the Civil Liability Act, MCL 257.401 et seq., also known as the owner liability act, the owner of a motor vehicle is liable for any injuries caused by the negligent operation of that motor vehicle by any person driving the vehicle with the owner's expressed or implied consent or knowledge.

It made it to court because its the LAW. Dont like it have it changed. Think twice before loaning your car.
 

·
Registered
Joined
·
15 Posts
Discussion Starter · #3 ·
You got suckered by the headline. In NY as in most if not all states, if the operator of the vehicle is the employee, agent or servant of the owner, the owner is vicariously liable. In fact, in Michigan (where this story took place), the owner is liable when they simply give implied or express permission to use the car. The law does not require that you loan the vehicle. This has not stopped folks from getting anything serviced. The dealer has a huge policy and the owners carrier will crossclaim against the dealer. Not sure why you are so fixated on the word loan.

Under the Civil Liability Act, MCL 257.401 et seq., also known as the owner liability act, the owner of a motor vehicle is liable for any injuries caused by the negligent operation of that motor vehicle by any person driving the vehicle with the owner's expressed or implied consent or knowledge.

It made it to court because its the LAW. Dont like it have it changed. Think twice before loaning your car.
I read the full article.
I also understand the owner of the vehicle is directly fighting this because, as I can only assume, he doesn't want any type of liability for this appearing on his/her driving record.
I would feel the same way.
I'm not a resident of either New York or Michigan, but laws like these, would also condemn vehicle rentals, which specifically Loan the vehicle to a renter.
Yet, the rental companies seem to try to contractually pass off liability - regardless of state, and upsell insurance, etc.
States with laws like these, unwittingly expose vehicle owners to liability, under an expectation that they are aware of any potential act that could be created by the driver of the vehicle (if not the owner), indemnifying the actual driver from any fault.
I agree -change the law.
But the law was passed - and it's BS IMHO.
 

·
Registered
Joined
·
40 Posts
I read the full article.
I also understand the owner of the vehicle is directly fighting this because, as I can only assume, he doesn't want any type of liability for this appearing on his/her driving record.
I would feel the same way.
I'm not a resident of either New York or Michigan, but laws like these, would also condemn vehicle rentals, which specifically Loan the vehicle to a renter.
Yet, the rental companies seem to try to contractually pass off liability - regardless of state, and upsell insurance, etc.
States with laws like these, unwittingly expose vehicle owners to liability, under an expectation that they are aware of any potential act that could be created by the driver of the vehicle (if not the owner), indemnifying the actual driver from any fault.
I agree -change the law.
But the law was passed - and it's BS IMHO.
Its amazing how little you know. None of this will appear on his driving record. It will appear only on his insurance record. He can fight it all he wants, its the law. There is a federal law that covers rental car companies.
Pretty sure every state has some sort of vicarious liability law with respect to loaning your car. Do some reading.
 

·
Registered
Joined
·
15 Posts
Discussion Starter · #5 ·
How little I know?
Nice.
First, thank you for catching my phrasing error.
I meant insurance record- and they do keep track and exchange claim data.
it’s called a CLUE report.
As for the Graves Amendment, I was unaware.
I’m not an expert on tortes or vicarious liability.
Businesses and contract law are my speed, although not a lawyer.
Next, there’s no reason to be rude.
 
1 - 5 of 5 Posts
Top