US-New YorkWhat is the VTL § 388 presumption of owner's consent?
VTL § 388 creates a legal presumption that a vehicle owner consented to another person’s use of their car if that person was operating it with the owner’s permission — even if the permission was limited or informal.
What the Law Says
New York Vehicle and Traffic Law § 388 establishes a statutory presumption that affects civil liability when a vehicle is involved in an accident. It shifts responsibility from the driver to the owner under certain conditions.
VTL § 388 says that if a vehicle causes injury or property damage while being operated with the owner’s consent — express or implied — the owner is liable 'to the same extent as the operator.' This means the owner can be sued directly, even if they weren’t driving.
The law does not require formal or written permission. Courts have held that consent can be inferred from past conduct, relationship, or circumstances — for example, letting a family member regularly use the car.
Importantly, the statute creates a rebuttable presumption: once the injured party shows the driver had the owner’s consent, the burden shifts to the owner to prove they did *not* consent — or that consent was revoked before the incident.
Statutory TextEvery owner of a vehicle who permits that vehicle to be operated by another shall be liable for death or injuries to person or property resulting from negligence in such operation, to the same extent as the operator.
— Vehicle and Traffic Law § 388(1) — Liability of owner
What Courts Have Said
New York courts have interpreted VTL § 388 broadly to protect injured third parties and hold vehicle owners accountable for permissive use.
Held that 'permission' under VTL § 388 includes implied consent based on prior usage patterns and relationship — no express grant required.
Confirmed that the owner bears the burden of rebutting the presumption of consent once permissive use is shown — and mere denial is insufficient without evidence.
What to Do
If you’re an injured party: Gather evidence showing the driver had access to or regular use of the vehicle (e.g., keys left out, shared household, prior trips).
If you’re a vehicle owner defending a claim: Document any revocation of permission before the accident (e.g., text messages, witness statements, changed locks).
In either case: Preserve all communications, maintenance records, and usage logs — courts weigh context heavily under VTL § 388.
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.