# What if the driver borrowed someone else’s car?

Canonical: https://californiapersonalinjurylaws.com/guides/borrowed-car/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

The car’s owner may share legal fault if they let someone drive it. The driver can also be at fault for their own acts.

## Hypothetical example

A person lends a car to a friend. The friend causes a crash.

## How the rule works

The owner’s role and the driver’s role are separate. State law can impose duties on an owner who gives consent to drive. Insurance is a further issue; it does not by itself decide fault.

## What can change the answer

The owner’s consent, policy terms, and legal limits matter. Other claims can raise different rules. Do not assume the owner pays for every loss.

## A useful next step

Get the driver’s and owner’s names. Keep the car’s policy details if you can.

## Court decisions behind this answer

### Souza v. Corti (1943)

22 Cal.2d 454, pp. 457–460. The car owner’s consent could matter even when a different person drove. The court applied the vehicle-owner law then in force.

Limit: This case used an older statute. Check today’s limits and the facts about who had permission.

Source: https://law.justia.com/cases/california/supreme-court/2d/22/454.html

## Sources

- [Vehicle Code § 17150 — Vehicle owner responsibility](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=17150.)
- [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm)
- [Souza v. Corti (1943) 22 Cal.2d 454](https://law.justia.com/cases/california/supreme-court/2d/22/454.html)

General information, not legal advice.
