It may happen that you lend your car within the family. Therefore, often, even if it is in the name of one person, it is however for the actual use of another. Lending the car integrates a typical case of free loan, on a legal level. However, the issue is relevant in case the driver has an accident or gets fines. So, let’s see what those who lend their car risk. Well, the first risk you run when you lend your car is the liability deriving from traffic offenses. For this purpose, the law establishes joint and several liability between the holder and the driver.
This means that both are required to pay the fine, while any point deduction is the responsibility of the driver alone. However, let’s see in more detail what happens, starting from the distinction between immediate and non-infringement contestation.
Immediate challenge
Well, if the offense is immediately contested to the driver, the delivery of the report is valid as notification. At the same time, the fine is also notified to the owner of the vehicle, who will be required to pay the amount of the financial penalty together with the driver. This means that the administration can act indiscriminately against both, until at least one of the two has not paid the full amount. If the owner pays, he has the right to obtain a refund of the entire sum from the manager.
If, on the other hand, neither of you pays, both of you will receive a tax bill. The car owner, however, also risks administrative detention. The deduction of the points from the driving license, on the other hand, takes place against the driver.
Not immediate dispute
It could happen that the driver is not stopped immediately and, therefore, the fine is subsequently sent to the owner. If, then, the offense also provides for the subtraction of the points of the license, the holder is obliged to communicate the data of the actual driver of the vehicle. All this within 60 days of receipt of the more. If he does not send the data or does it late, he suffers a second penalty ranging from € 282 to € 1,142, without suffering the deduction of points. This is the so-called fine for failing to communicate driver data. On the other hand, as regards liability with respect to the economic sanction, the same rules illustrated above apply.
Does the insurance pay for a loaned car?
At this point we ask ourselves: “in the event that the user of the borrowed car gets into an accident, theinsurance do you have to pay? ” In this case, although the owner of the vehicle is strictly liable, he must be covered by the motor liability insurance policy. Therefore, the insurance will have to pay the damages to the other driver. The owner of the vehicle, however, will undergo an increase in the merit class.
It is good to know, however, that there are some policies that provide for limitations of liability, covering only for claims caused by the owner of the vehicle and not by third parties. In that case, the compensation will fall on the owner of the car. However, if the accident is entirely attributable to the other driver, the latter’s insurance will have to compensate. In this way, obviously, there will not even be an increase in the merit class for the party who suffered the accident and who is exempt from liability. Thus, we have seen what risks those who lend their cars risk. However, you will not risk incurring criminal liability deriving from investments or accidents, which fall exclusively on the driver.
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