There are circumstances where the owner of a automobile allows someone else to use that automobile when the owner is not present. The question of the owner's liability arises in the event the driver is in an accident. In Maryland personal injury law there are two presumptions that favor the plaintiff, in some positive ways, in establishing not owner liability but also insurance carrier coverage.
One is the presumption of agency and the other is the presumption that a non-owner operator of a motor vehicle operated with the permission of the owner. see 343 Md 320 (1995). . It is important to know the distinction between agency permissive use. The owner of the vehicle is subject to liability if the driver was acting as his agent when the accident occurred. If the driver of the vehicle was simply using the vehicle with the permission of the owner but was not doing anything for the owner at the time of the accident, then there is no liability to the owner. Specifically, there is no liability for permissive use. As such when it comes to issues of proof at trial in oder to make the owner liable you must establish evidence of the purpose of the use by the driver. To hold the owner liable that use must establish agency between owner and driver. One other issue of significant importance is the effect of permissive use on insurance coverage. If you can establish that the driver was negligent and had permission of the owner to use the vehicle you can still collect against the owner's insurance policy even if there is no agency between driver and owner.
If you have been involved in an automobile accident please feel free to give me a call at 1-888-760-7339. I am happy to discuss your case with you over the phone at no cost to you
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