US-New YorkCan I be sued for lending my car to an intoxicated driver?
Yes, you can be sued in New York for lending your car to an intoxicated driver under the state’s negligent entrustment doctrine and Vehicle and Traffic Law § 370.
What the Law Says
New York law holds vehicle owners accountable when they knowingly allow an intoxicated person to drive their car. This falls under both statutory liability and common-law negligent entrustment.
Under New York Vehicle and Traffic Law § 370, the owner of a motor vehicle is liable for injuries caused by the negligent operation of that vehicle — even if the owner wasn’t driving — when the driver was operating it with the owner’s permission.
The statute specifically states: "Every owner of a motor vehicle ... shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such motor vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner."
Courts have interpreted this to include situations where the owner knew or should have known the driver was intoxicated. While § 370 doesn’t mention intoxication explicitly, case law has consistently applied it where the owner entrusted the vehicle despite obvious signs of impairment.
Statutory TextEvery owner of a motor vehicle ... shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such motor vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.
— Vehicle and Traffic Law § 370 — Owner's liability for negligence of person operating with permission
What Courts Have Said
New York courts have repeatedly upheld owner liability when a car is lent to someone who is visibly intoxicated.
The court affirmed that an owner may be held liable under VTL § 370 when he permits an obviously intoxicated person to drive his vehicle, as such permission constitutes negligence.
The court found the vehicle owner liable after allowing a friend who had consumed multiple drinks and slurred speech to drive — evidence of implied permission and foreseeable risk.
What to Do
Never lend your car to anyone you suspect is impaired — even if they insist they’re ‘fine’.
If asked, firmly refuse and offer alternatives like a ride, taxi, or rideshare.
Document refusal if pressured (e.g., text message saying 'I won’t let you drive — you’ve had too much to drink').
Review your auto insurance policy: most NY policies cover permissive drivers, but intentional entrustment to an intoxicated person may void coverage.
If sued, contact your insurer and an attorney immediately — defenses are narrow and time-sensitive.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.