Letting Someone Borrow Your Car? Make Sure They Have a License!

When letting someone borrow your car, do you have an affirmative duty to make sure that person has a driver license? Yes, according to the recent California Court of Appeal case of McKenna v. Beasley.

Blake McKenna was a pedestrian crossing the street at a green light. Ronald Wells ran a red light and pushed Ann Rogers’ car into Blake McKenna as he crossed the street. McKenna sued both parties. It turned out that Ronald Wells was driving a car owned by someone else—Lance Beasley—when he ran the red light. McKenna amended his suit to include Mr. Beasley under a theory of “negligent entrustment.”

California is one of several states that recognizes the tort of negligent entrustment. Negligent entrustment is when an automobile owner who has entrusted a car to an incompetent, reckless, or inexperienced driver faces liability for the act of letting that person driver his or her car. (Allen v. Toledo, 109 Cal.App.3d 415 (1980)).

Here, the Court analyzed Vehicle Code section 14604. It states: (a) No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that the person possesses a valid driver s license that authorizes the person to operate the vehicle. For the purposes of this section, an owner is required only to make a reasonable effort or inquiry to determine whether the prospective driver possesses a valid driver s license before allowing him or her to operate the owner s vehicle. An owner is not required to inquire of the department whether the prospective driver possesses a valid driver s license.

During Ronald Wells’s deposition, he was asked if he had a driver license at the time of the collision. He admitted he did not, and when asked if he told this to Lance Beasley, the owner of the car, Wells responded he didn’t. When pressed further, Wells said he didn’t tell Beasley because he never asked. The Court found that a reasonable jury could determine that Lance Beasley failed to make a reasonable inquiry as to whether Ronald Wells had a driver license, and could therefore be held liable for negligently entrusting his car to Wells.

We’ve all borrowed someone else’s car, or had someone borrow ours. The takeaway from McKenna v. Beasley is simple: If someone asks for your keys, just ask if they have a license! You don’t need to undertake an extensive DMV investigation! A simple inquiry is sufficient to comply with the requirements of Vehicle Code Section 14604.

For questions about your negligence or negligent entrustment case, the Rabbi Lawyer is ready to assist, 24/6.