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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I want to let my friend borrow my car. I understand the

Customer Question

I want to let my friend borrow my car. I understand the risks, but was wondering if a signed contract (w/ video of him signing it) be good enough to get me out of problems like liability if he hits someone and paying for damages to car. I found the following contract online from an auto dealer in Kansas (I live in CA though and so does my friend): http://www.kansasdealers.org/sites/default/files/Agreement%20for%20Temporary%20Loan%20of%20Vehicle.pdf
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

You don't need to video the signing of the contract. Just his signature on the contract will suffice, even in CA. However, your insurance would still be primary if he hits someone---so you can't avoid liability simply with a contract. His insurance would act as secondary coverage after your policy paid the full policy limits. But your insurance company would protect you in that case. And if he simply damaged your car, the contract would protect you and require that he paid for the damages.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
there is no way to avoid liability issues (if he hits someone or damages other people's property) with a contract saying he will be responsible for them if he hits it with my car?
Customer: replied 1 year ago.
Do you have any suggestions maybe on how to alter the contract to get this done if possible?
Expert:  LawTalk replied 1 year ago.

Hi,

You are in CA. The insurance on your car is primary under CA law and you cannot legally prevent that.

You cannot change state law through a private contract.

There is no way to alter the contract to avoid your insurance being primary. What you could do---which would be almost ridiculous, but would work, would be to place his name on the title to the car---with or without you---you cancel your coverage and he get a policy to cover the car.

It really isn't practical for the simple loan of the car but it is all you have under CA law.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

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