Who’s Liable for a Car Accident if the Owner Wasn’t the Driver?
Updated June 2026. Reviewed by the attorneys at The 杏吧原创 Law Firm, P.C.
In New York, both the owner and the driver of a car can be held liable for a crash, even when the owner was not behind the wheel. Under New York Vehicle and Traffic Law 搂 388, a vehicle’s owner can be held responsible for an accident caused by anyone who drove the car with the owner’s permission.
People often lend cars to family or friends. Parents may let a college-aged child use the family car. A car’s title may be in one spouse’s name while the other usually drives it. In situations like these, both the owner and the driver can be held responsible for a driver’s negligence.
Can a Car Owner Be Liable if They Weren’t Driving?
Yes. A car owner can be held liable for a crash caused by someone they allowed to drive their vehicle. Even if the owner was not driving, a title owner can be responsible for entrusting the car to someone who drove it recklessly or carelessly.
says owners of vehicles can be held liable for death, injury, or property damage if permission to use the vehicle was either “express or implied.” Whether the owner specifically told the driver they could operate the car, or that authorization was reasonably implied, liability can attach to the owner in the event of an accident. If the driver stole the vehicle or was explicitly told they could not use it, the permissive use doctrine generally will not apply to make the owner liable.
An owner may also be negligent if they failed to properly maintain the vehicle and that failure contributed to the accident. For example, if the owner knew the brakes were bad or the transmission was failing, they could be held liable for a resulting crash because they did not keep the car in safe working condition.
Is an Employer Liable When an Employee Causes a Crash?
Sometimes. If an employee causes a crash while driving for work, their employer may share liability. When a driver is operating a company vehicle, the employer may be held vicariously liable if the accident arose in connection with the driver’s job.
An employer is generally not responsible for an employee’s actions outside the scope of employment, such as a crash during a lunch break or a personal errand. Under the legal theory of respondeat superior, an employer can still be held liable for an employee’s negligence in some cases. For instance, if the employer failed to train the employee properly or to have the right training policies in place, liability could attach for an accident that the lack of training caused.
Is the Driver Still Liable if They Don’t Own the Car?
Yes. A driver is responsible for their own conduct behind the wheel no matter who owns the car. A negligent driver can be held liable in a personal injury action whether they were driving their own vehicle or someone else’s. A driver may be found negligent for:
- Failure to obey traffic signals
- Following too closely
- Driving under the influence of alcohol or drugs
- Speeding
- Running a red light
- Driving recklessly
- Using a cell phone while driving
- Texting while driving
- Inattention
When separate people own and drive a vehicle, sorting out liability can be complicated. Both the owner and the operator can be named in the same lawsuit, and liability may attach to either party or both.
Frequently Asked Questions
If someone borrows my car and causes an accident, am I liable?
Possibly. Under New York Vehicle and Traffic Law 搂 388, a car owner can be held liable for a crash caused by anyone who drove the vehicle with the owner’s express or implied permission.
Can both the owner and the driver be sued for the same accident?
Yes. Both the owner and the driver can be named in the same lawsuit, and liability may attach to either party or both.
Is the owner liable if their car was stolen or driven without permission?
Generally no. If the driver stole the vehicle or was clearly told they could not use it, the permissive use doctrine usually does not apply, so the owner is not held liable.
Can an employer be held responsible for a crash caused by an employee?
Sometimes. If the employee was driving in the course of their job, the employer may be vicariously liable under respondeat superior. An employer is generally not responsible for crashes that happen outside the scope of employment.
Contact a New York Car Accident Attorney
If you were injured in a crash and are not sure who is responsible, The 杏吧原创 Law Firm, P.C. can review your situation. The firm has offices in Manhattan, Brooklyn, and the Bronx. Contact us to discuss whether another party may share liability for your accident.