How To Prove A California Permissive Use of Vehicle Claim

In California, a claim of Permissive Use of Vehicle is defined as:
According to California Vehicle Code Section 17150, the owner of a vehicle is responsible for death, injury, or property damage arising from the negligent or wrongful operation of the vehicle by the owner or by someone operating the owner’s vehicle with permission.
It simply means:
You might owe damages for an accident caused by the person who you allowed to use your vehicle.
There are 3 elements of the claim:
- Element 1. A driver was negligent in operating a vehicle. A driver was careless while using a vehicle, meaning they didn’t pay proper attention or follow safety rules, which led to an accident and is a key factor in determining if someone else can be held responsible for the damages under a Permissive Use of Vehicle Claim.
Facts that might support this element look like:
* The driver was speeding in a residential area, exceeding the posted speed limit by 15 miles per hour.
* The driver failed to stop at a red traffic light, resulting in a collision with another vehicle.
* The driver was texting on their phone while driving, which distracted them from the road.
* The driver did not use their turn signal when changing lanes, causing confusion for other motorists.
* The driver was under the influence of alcohol at the time of the accident, impairing their judgment and reaction time. - Element 2. The defendant was an owner of the vehicle at the time of the injury to the plaintiff. In a case where someone is hurt while using a vehicle, it’s important to show that the person who owns the vehicle was the owner at the time of the injury, which helps establish responsibility for what happened.
Facts that might support this element look like:
* The defendant’s name was listed on the vehicle’s registration documents at the time of the incident.
* The defendant made the monthly payments for the vehicle, demonstrating ownership and control.
* The defendant was the primary driver of the vehicle, using it regularly for personal errands.
* The vehicle insurance policy was under the defendant’s name, indicating ownership responsibility.
* The defendant provided the vehicle to a friend, confirming their ownership status at the time of the injury. - Element 3. The defendant, by words or conduct, gave permission to the driver to use the vehicle. The defendant allowed the driver to use their vehicle, either by saying so or through their actions, which is an important part of proving that the driver had permission to drive the car in a legal claim.
Facts that might support this element look like:
* The defendant explicitly told the driver they could use the vehicle for the weekend trip.
* The defendant handed the driver the keys and said, “Feel free to take the car whenever you need it.”
* The defendant regularly allowed the driver to use the vehicle without any restrictions or conditions.
* The driver had previously used the vehicle with the defendant’s knowledge and approval on multiple occasions.
* The defendant did not object when the driver took the vehicle for a short errand.
(See California Civil Jury Instructions No. 720.)
If you’re representing yourself in court and plan to assert a Claim of Permissive Use of Vehicle, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your CA Permissive Use of Vehicle Claim
U.S. Civil Cases Only