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Glad to assist, Rutter Group, Personal Injury, Vol 1, Page 2-105, Section 2:371
[2:371 - 2:373]
a. [2:371] Imputed liability under "permissive use" statute: By statute, the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from the wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner's express or implied permission. [Veh.C. §17150]
The statute is an outgrowth of the overriding public policy interest in protecting innocent third parties from injury at the hands of careless drivers: "
his protection should be paramount to the rights of an owner who has permitted the use of his car by others even though he, personally, was not guilty of negligence." [Burgess v. Cahill (1945) 26 C2d 320, 323, 158 P2d 393, 394]
(1) [2:371.1] Not affected by Prop. 51: Like the doctrine of respondeat superior, the "permissive use" statute imputes liability without regard to the owner's culpability. Since the vehicle owner's liability is not "based on principles of comparative fault" (CC §1431.2(a)), Proposition 51 does not limit the owner's noneconomic damages liability when that liability rests solely on the permissive use statute. [Rashtian v. BRAC-BH, Inc. (1992) 9 CA4th 1847, 1854, 12 CR2d 411, 416]
For purposes of permissive use liability, owner and driver are treated as a single tortfeasor: "Whatever noneconomic damages are properly charged to the operator are likewise the burden of the owner." [Rashtian v. BRAC-BH, Inc., supra, 9 CA4th at 1854, 12 CR2d at 416; see also Galvis v. Petito (1993) 13 CA4th 551, 16 CR2d 560, 568; and Miller v. Stouffer (1992) 9 CA4th 70, 11 CR2d 454, discussed 112:258]
(2) [2:372] Statutory limits on owner permissive use liability: However, Veh.C. §17150 does not create "true" vicarious liability ... because the statute also puts a dollar cap on the owner's exposure: Permissive use liability cannot exceed $15,000 per injury, $30,000 per occurrence, and $5,000 for property damage; nor can the driver's punitive damages liability be imputed to the owner. [Veh.C. §17151; see Veh.C. §17155-total $30,000 settlement limits; see also Randolph v Budget Rent-A-Car (CD CA 1995) 878 F.Supp. 162,167-loss of consortium claim brought by accident victim's wife is separate injury compensable under permissive use coverage]
