When you’re trying to figure outwho is responsible for a car accident, the short answer is:often both can share responsibility, depending on the facts.
California has two main ways a car owner can be held liable when someone else causes a crash in their vehicle:
- Vicarious (automatic) liability under the “permissive use” law
- Direct liability for negligent entrustment or other independent negligence
Under California’s “permissive use” statute, Vehicle Code § 17150, every owner of a motor vehicle is legally responsible for death, injury, or property damage caused by someone who is driving their carwith the owner’s express or implied permission.
That means in many LA accidents,both the driver and the owner can be on the hook—and that can expand the pool of insurance money available to pay for your injuries.
How California’s Permissive Use Law Works
To understandwho is responsible for a car accident, the owner or driver, you first need to know how permissive use works.
Under Vehicle Code § 17150 and § 17151:
- Thedriver is liable for their own negligent driving.
- Theowner is also liable if the driver had permission (express or implied) to use the car.
However, the owner’svicarious liability is capped for this type of statutory responsibility:
- $15,000 for injury or death to one person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
This is separate from any liability the owner may have for theirown negligence, which may exceed these caps.
So in many borrowed-car crashes:
- Thedriver’s liability is based on what they did behind the wheel.
- Theowner’s liability is based on letting them drive the car in the first place.
When the Driver Is Primarily Responsible
In a typical LA crash where the owner wasn’t present, thedriver is usually the first person blamed. They may be primarily at fault if they were:
- Speeding or driving recklessly
- Texting or distracted
- Running a red light or stop sign
- Driving under the influence
- Following too closely or changing lanes unsafely
If you’re the injured victim, you can pursue a claim against:
- Thedriver, personally
- Theinsurance policy covering the vehicle (usually tied to the owner)
- Other policies that may apply (like the driver’s own insurance)
Acar accident lawyer can track down all potential policies and parties, so you’re not limited to a single insurance limit when you deserve more.
When the Owner Can Be Held Responsible Too
The car’s owner can share or even take onsignificant responsibility, even if they weren’t in the vehicle.
Situations where owners may be liable include:
- Permissive use: They allowed the driver to use the car (expressly or implicitly).
- Negligent entrustment: They gave the car to someone theyknew or should have known was unsafe—like an unlicensed, drunk, or habitually reckless driver.
- Poor maintenance: They let someone drive a car with known unsafe conditions (bad brakes, bald tires, etc.).
Negligent entrustment is vital because it involves the owner’sown independent negligence. Courts have made clear that when you sue an owner for negligent entrustment, the owner doesn’t get the protection of the permissive-use caps and can be responsible for the full damages.
So when you askwho is responsible for a car accident, the answer may beboth, especially if the owner handed the keys to someone who clearly shouldn’t have been driving.
Exceptional Cases: Employers, Company Cars, and Family Vehicles
Sometimes the “owner” is not an individual but abusiness ororganization:
- Employer liability (respondeat superior)
If an employee causes a crash while driving a company car or their own carwithin the scope of employment, the employer may be responsible for the employee’s negligence. - Rental cars and commercial fleets
Rental companies have some federal protections (Graves Amendment), but they can still be liable fornegligent entrustment or poor maintenance in certain situations.
Family situations matter too. For example:
- A parent can be liable if they knowingly allow a minor child with a bad driving record or no license to use the car.
- Some claims involve doctrines related to vehicles used by families, coupled with California’s owner-liability rules under Vehicle Code §§ 17150–17151.
These cases get legally complex quickly, which is why it’s so important to have an experienced legal team on your side.
How Insurance Works When Someone Else Drives the Car
Another big piece ofwho is responsible for a car accident, the owner or driver, is how insurance applies.
In California:
- Insurance usually “follows the car,” not the driver.
The policy on the vehicle typically provides thefirst layer of coverage, even if someone else was driving with permission. - Thedriver’s own policy may apply as secondary or excess coverage.
- Umbrella policies, employer policies, or other coverages may also apply.
This means you may havemore than one policy to pursue. Acar accident lawyer can identify and coordinate all applicable coverages to maximize your potential recovery.
What If the Owner Says the Driver Didn’t Have Permission?
Car owners often try to avoid responsibility by saying the driver took the carwithout permission.
But permission can be:
- Express – “Yes, you can borrow my car.”
- Implied – Longstanding patterns, shared car use, access to keys, or prior similar use.
Courts can consider the relationship between the owner and driver, past behavior, and other facts to determine whether permission was implied.
If your case depends on permission,LA Injury Lawyers can dig into phone records, text messages, social media, and witness statements to show what really happened.
How LA Injury Lawyers Help You Prove Who’s Responsible
When you’re hurt, you shouldn’t have to become an expert in California Vehicle Code sections overnight.
Our team atLA Injury Lawyers:
- Investigateswho owned the car, who was driving, and how they’re connected
- Analyzes owner liability underVehicle Code §§ 17150–17151 and negligent entrustment law
- Collects evidence ofpermission, employment, or family use
- Identifiesall insurance policies that may provide coverage
- Calculates the full value of your damages—including future care and lost income
- Negotiates aggressively and, if needed, takes your case to court
We bring decades of combined experience and deep knowledge of the LA court system to every case, and we work on acontingency fee basis—no upfront fees, and we only get paid if we recover money for you.
Unsure Who’s Responsible—Owner or Driver?
If you’re confused aboutwho is responsible for car accident owner or driver in your situation, you’re not alone.
Borrowed cars, company vehicles, and family cars make liability complicated—but that complexity can also meanmore paths to compensation.
Reach out toLA Injury Lawyers for afree, no-obligation consultation with an experiencedLos Angeles car accident lawyer who can untangle ownership, permission, and insurance issues for you.
Get Clear Answers on Owner and Driver Liability
When you’re dealing with injuries, bills, and insurance calls, the last thing you need is a legal puzzle aboutwho is responsible for a car accident: the owner or the driver.
LetLA Injury Lawyers handle that puzzle for you.
Contact us today for a free consultation with a knowledgeableLos Angeles car accident lawyer. We’ll explain your options, identify every responsible party, and fight for the full compensation you deserve—with no upfront fees and no risk to you.
FAQs: Owner vs. Driver Liability in LA Car Accidents
If someone else were driving my car and caused a crash, am I automatically liable?
Not automatically, but youare very often liable under the permissive use law if you had permission. Your responsibility may be capped for vicarious liability, but you could face full liability if you were independently negligent (for example, in a negligent entrustment scenario).
As an injured person, should I go after the owner or the driver?
Usuallyboth. The driver is responsible for negligent driving, and the owner may share responsibility under Vehicle Code § 17150 or negligent entrustment. Going after all responsible parties helps maximize available insurance.
What if the driver who hit me was driving a company car?
The employer may be liable if the driver was acting within the scope of their job. This can open the door to higher insurance limits and access to corporate assets. Your lawyer will investigate your employment status, the purpose of the trip, and company policies.
Does it matter who is on the vehicle registration?
Yes, but it’s not the only factor. Ownership can include the titled owner, a buyer who hasn’t updated the DMV, or others who effectively control the car. California law looks at thereal owner and who had the right to control the vehicle.
How soon should I talk to a lawyer about owner vs. driver liability?
As soon as possible. Evidence about permission, employment, and ownership can fade or disappear. Early involvement gives your lawyer time to gather records, interview witnesses, and analyze policies before the insurance companies lock in their story.