I lent my car to an acquaintance and he was involved in an accident with a victim. Can I be held legally responsible for this?
If you lent your car to someone who was at your service or in some type of relationship that could be understood as principal/agent, you could be held liable. This is what lawyer Reinaldo Santos de Almeida explains. “Outside this context, civil liability falls on whoever was driving the vehicle”, he points out.
In civil terms, the owner may be held liable in specific cases. Article 932 of the Civil Code establishes that the employer or principal, their employees, servants and agents, in the performance of the work for which they are responsible or as a result of it, are also responsible for civil compensation.
In the criminal context, responsibility is personal, that is, whoever commits the punishable act must answer for it. “If your acquaintance was involved in an accident and committed a traffic crime, such as negligent bodily injury, while driving a motor vehicle (art. 303 of the CTB), he will be responsible for the act. If you have not contributed in any way to the committing the crime (lending the car knowing that he was drunk), you will not be held responsible”, explains the lawyer.
Nothing prevents you from lending your car to a friend or acquaintance, but it is important to take some care to avoid future problems, reinforces lawyer Átila Nunes from the service www.reclamaradianta.com.br. The service is free via em[email protected] or via WhatsApp (21) 99328-9328.
Cases resolved by the Reclamar Adianta team (WhatsApp: 21 – 99328-9328 – for messages only): José Marcos (Enel), Martha Valéria (Ponto), Claudete Francelino (Mercado Livre).
