Lending a Vehicle and Accident Liability: Who is Responsible?
Lending a Vehicle and Accident Liability: Who is Responsible?

Lending a Vehicle and Accident Liability: Who is Responsible?

09/02/2025
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Mr. Tuan, a Hino truck driver with 5 years of experience on the Hanoi – Hai Phong route, is known for his kindness in the Thanh Cong collective area, Ba Dinh district. One day, he received a call from an old friend from his hometown in Nam Dinh. His friend urgently needed a vehicle to transport a family member to Bach Mai Hospital for emergency treatment. Without hesitation, Mr. Tuan agreed to lend his Hyundai Porter truck, unaware of the impending tragedy. Just 30 minutes later, he received devastating news: his friend had caused a serious accident while driving, severely injuring a pedestrian. As a result of his kindness, Mr. Tuan suddenly faced legal complications and immense emotional distress.

Who is Liable When a Borrowed Vehicle Causes an Accident?

Mr. Tuan’s story is not uncommon. So, according to Vietnamese law, how is liability determined when a “borrowed vehicle causes an accident”?

Borrowing Scenarios and Legal Responsibilities

1. Borrowing with Complete Documentation:

  • The vehicle owner has registered with the competent authority and handed over the vehicle to a borrower with a valid driver’s license.
  • Liability for damages rests with the person who caused the accident, unless the owner can prove the fault lies with a third party or due to unavoidable vehicle malfunction.

2. Borrowing without Proper Documentation:

  • The owner lends the vehicle to someone without a driver’s license or with invalid vehicle documents.
  • Liability for damages rests with the vehicle owner.

3. Lending a Vehicle Knowing it Will Be Used for Illegal Activities:

  • For example: The owner knows the borrower will use the vehicle for smuggling, illegal racing, etc.
  • The owner will bear criminal responsibility corresponding to the violation.

Important Considerations for Lenders

  • Always thoroughly check the vehicle documents and driver’s license of the borrower.
  • It’s advisable to create a vehicle lending agreement to clarify the responsibilities of both parties.
  • Never lend a vehicle if the borrower shows signs of intoxication, drug use, or intends to use the vehicle for illegal purposes.

Lending a Vehicle: Should You or Shouldn’t You?

Lending a vehicle, whether it’s a truck or a car, carries potential legal and financial risks. Therefore, carefully consider before making the decision to lend your vehicle. Prioritize your safety and the safety of the community!

Frequently Asked Questions

1. Can I require the borrower to purchase insurance before lending my vehicle?

Yes, you can absolutely require the borrower to purchase compulsory civil liability insurance and other voluntary insurance to protect your interests.

2. What should I do if the borrower flees after an accident?

You should immediately report the incident to the nearest police station for assistance.

3. What penalties might I face for lending a vehicle to someone without a driver’s license?

According to current regulations, you may face a fine from 4 million to 6 million VND and have your driver’s license suspended for 1 to 3 months.

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Truck lending accident illustrationTruck lending accident illustration

Truck accident scene after lendingTruck accident scene after lending

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