Is The Owner Of The Car That Hit Me Responsible For My Injuries And Bills?
Yes, but it depends on the circumstances. There is a presumption that the owner of a vehicle is able to control the conduct of the driver, and so is responsible for it. That’s a presumption that is usually quickly overcome.
“Of course, Maryland law provides that the non-owner operator of a negligently driven vehicle is responsible for their own negligence if they cause an accident.”
Baltimore Car Accident Trial Attorney Eric T. Kirk
Now, if that vehicle were covered by insurance procured by the owner, typically there would be coverage for an accident caused by the non-owner operator, as long as he or she had the owner’s permission to drive the car. Many times, perhaps most, that is the case. But…. these are injury claims, and I sue people, so, not all drivers are necessarily willing to admit who is driving
You Did Not Give Permission for Someone to Drive Your Car After A Baltimore MVA?
When a car accident happens in Baltimore, one of the first questions that often arises is: “Who was behind the wheel, and did they have permission to drive?” Usually, the answer is straightforward.
Maryland law, like that of most states, places great weight on whether a person had the owner’s consent to operate a vehicle. If you did not authorize someone to drive your car, you may not be financially responsible for the injuries or damages that result. But proving a lack of permission is not always straightforward. Insurance companies, police, and even courts may assume that if someone was driving your vehicle, they had your consent. Below are some practical illustrative examples—that tend to show how a car owner in Maryland can establish that they did not permit another person to drive their vehicle.
Understanding “Permissive Use” in Maryland
Insurance coverage for an accident usually extends to people who had the owner’s express or implied permission to use the car. If the driver took your car without consent—often referred to as “unauthorized use”—your insurance company may deny coverage for their actions, and you may avoid liability for damages caused by that driver. The challenge is that “permission” can be implied from your conduct. For example, if you frequently let a roommate or friend borrow your car, an insurer or court may presume they had permission unless you can prove otherwise.
Evidence That Can Help Prove Lack of Permission
If your car was taken without your consent, the burden may fall on you to show that the driver was not authorized. Here are several types of evidence that can be persuasive in Maryland personal injury or insurance disputes:
- Prior History of Use – If you have consistently refused to let a person borrow your vehicle, you can point to past conversations, text messages, or witnesses who can verify that the person knew they did not have permission.
- Police Report / Theft Report – Filing a stolen vehicle report with the Baltimore Police Department creates a contemporaneous record that you did not consent to the use of your car.
- Location Evidence – If you were somewhere else when the car was taken (for example, at work or out of town), testimony, receipts, or digital records can confirm you weren’t present to give consent.
- Key Access – Showing that your keys were taken without your knowledge or that you kept your keys in a secure place can help demonstrate that you did not intend for the other person to drive.
- Witness Testimony – Neighbors, family members, or coworkers who know you’ve prohibited someone from using your car can support your claim.
Non-Permissive Use. Example 1: The Unauthorized Teen Driver
Imagine a Baltimore parent who strictly prohibits their 17-year-old child from driving the family SUV. One night, while the parent is asleep, the teen takes the keys without permission, drives downtown, and rear-ends another vehicle. The police are called, and the parent immediately reports that the car was taken without consent. The teen admits they were not allowed to drive. In this case, the combination of the parent’s prior instructions, the police report, and the teen’s admission may help establish that the parent did not grant permission. The parent’s insurance may avoid liability for damages under their insurance policy.
RELATED RESOURCES
Giving permission to drive your car is a serious matter. You should consult appropriate resources when making such decisions. I can offer:
“Insurance Tips for Young Drivers” — Maryland Insurance Administration
“Lack of experience, combined with any driving violations, can greatly affect your family’s auto insurance premiums. … Most teens can’t wait to earn the privilege to drive alone … But allowing your teen to drive alone can bring with it risks. Statistics show that teenagers are at the highest risk of a crash or injury during their first two years of driving.” Maryland Insurance Administration
Insurance Tips for Young Drivers (PDF) Maryland Insurance Administration
“A Consumer Guide to Auto Insurance for Teen & Young Adult Drivers” — Maryland Insurance Administration
“Insurance rates for teenage drivers are high because teenage drivers, as a group, have much higher accident rates than other drivers. According to the Maryland Motor Vehicle Administration, the leading contributing factors cited in police reports in young driver crashes include: not paying attention, driving too fast for conditions, failure to yield right of way, and following too closely.” Maryland Insurance Administration
Link:
A Consumer Guide to Auto Insurance for Teen & Young Adult Drivers (PDF) Maryland Insurance Administration
“Teen Drivers: Do You Know?” — Maryland Insurance Administration
“Teen drivers have a fatal crash rate almost three times as high as drivers aged 20 and older per mile driven. … Many insurance companies offer discounts for teen drivers who are added to their parents’ policies. These discounts may include: Good student discount … Defensive driver discount … Telematics … Shop around: The best way to find a good price is to compare car insurance quotes from several insurance companies.” Maryland Insurance Administration
Link:
Teen Drivers: Do You Know? (PDF) Maryland Insurance Administration
“Automobile, Motorcycle, ATV, RV Insurance — Teen Drivers” — Maryland Insurance Administration
“While the Maryland Insurance Administration does not sell insurance … we do want to help you learn what types of coverage are available. … General Information, specialty auto insurance policies, teen drivers, and more.” Maryland Insurance Administration
Link:
Auto Insurance — Teen Drivers (MIA) Maryland Insurance Administration
“FIO January 2025 Report on Personal Auto Insurance Markets and Technological Change” — Maryland (Federal Insurance Office involvement)
“Thus teenage drivers typically pay more for insurance than do older drivers — and insurance industry statistics show teenagers are generally more likely to be involved in accidents in comparison to more experienced, older drivers.” Maryland Insurance Administration
Link:
FIO January 2025 Report on Personal Auto Insurance Markets and Technological Change (PDF)
Non-Permissive Use. Example 2:The Borrowed Car Confusion
A Baltimore resident often lets her neighbor borrow her car to run errands. One weekend, she explicitly refuses because she needs the car herself. Despite this, the neighbor takes the spare keys she once lent him and drives off, causing an accident.
When the insurance company investigates, they may initially assume implied permission existed since the neighbor had borrowed the car before. However, text messages from the owner to the neighbor saying “Sorry, I need the car this weekend” may serve as actual evidence that no permission was given for this particular use.
Example 3: The Stolen Car from a Parking Lot
A driver parks their sedan outside a Fells Point restaurant, only to discover hours later that it has been stolen. The thief crashes into another vehicle in Canton, injuring the driver. The Baltimore police report explicitly states the car was reported stolen before the accident.
In this situation, the stolen car report is almost always powerful evidence that the owner never consented to the thief’s use. As a result, the owner’s insurer may deny coverage for the thief’s actions, and the injured driver may need to pursue other legal avenues.
As attorney Eric T. Kirk will tell you, Baltimore personal injury attorneys sometimes face situations where it is necessary to convince the jury the owner, in addition to the driver, should be separately responsible for causing an accident. One such scenario, discussed in a separate article, is where the owner is a business, and the non-owner operator is an employee, operating the vehicle in the scope and course of their employment. If that employee is negligent, the business/owner is responsible.
Where the owner of a vehicle has reason to know that a driver would be negligent-based on that driver’s past poor driving or lack of training or age- the owner may be liable for an accident based on a theory called “negligent entrustment”.
“A jury would be instructed that the owner is liable for the driver’s conduct where they know or should have known the driver would be “reckless, incompetent or dangerous”. [MPJI 18:5].
Baltimore Attorney Eric T. Kirk
A negligent entrustment case is a difficult one to prove. If you have been injured in a car accident, I will meet with you personally, free of charge, to analyze which legal theories might apply.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
