Negligent entrustment¶

Domain guide, Auto subrogation, theory 2.3

The theory¶

The vehicle owner let an unfit driver use the vehicle, knowing or having reason to know of the unfitness. Separate from respondeat superior; it can exist with no employment relationship.

Who must be on the roster¶

other_driver plus a distinct party with role vehicle_owner.

Facts that establish it¶

owner_knowledge_stated (required)
At least one of license_status_stated (suspended, revoked, none), driver_condition_observed (impairment, fatigue), prior_incidents_referenced.

What defeats it¶

No owner distinct from the driver on the roster: excluded, no candidate.

Recovery channel¶

Demand letter to the owner or the owner's carrier.

What the carrier does¶

Obtain the registration to confirm ownership.
Request the driver's licence status and driving record.
Take the owner's statement on what they knew.
Demand against the owner's policy: often higher limits than the driver's.

A claim that fits¶

Marcus Delgado struck the insured while driving a pickup registered to his uncle, Raymond Delgado. The police report notes Marcus's licence was suspended. Raymond told the responding officer he "knew the licence thing was still being sorted out." Raymond's carrier is Allstate; Marcus has none.

How the engine reads itOwner and driver distinct; owner_knowledge_stated stated by the owner; license_status_stated suspended. Entrustment confirmed against Raymond, at-fault driver confirmed against Marcus; two targets; channels demand letter (owner) and direct demand (uninsured driver).

Records behind it¶

Theory record AUTO-SUBRO-THEORY-002