Legal Definitions - second-permittee doctrine

The second-permittee doctrine is a principle in automobile insurance law that addresses situations where someone other than the insured car owner is driving the vehicle. It states that if a car owner (the insured) gives permission to one person (the "first permittee") to use their car, and that first permittee then allows a third person (the "second permittee") to drive it, the third person's use will generally be covered by the car owner's liability insurance policy. This coverage applies as long as the second permittee's use of the car remains within the boundaries of the original permission granted by the car owner.

Here are some examples illustrating the second-permittee doctrine:

• Example 1: Local Errands

  Sarah lends her car to her brother, Tom, for the weekend so he can run various errands around their hometown. Tom, feeling tired after a long day, asks his friend, Lisa, to drive the car to pick up groceries from a local supermarket, which is one of the errands Tom was planning to do. Lisa gets into an accident on the way to the store.

  In this scenario, Sarah is the insured car owner. Tom is the first permittee, given permission to use the car for local errands. Lisa is the second permittee. Since Lisa's use of the car (picking up groceries locally) falls squarely within the original scope of permission Sarah gave Tom (using the car for local errands), Lisa would be considered a permissive user under Sarah's insurance policy, and coverage would likely apply.

• Example 2: Business Use Within Scope

  Mr. Chen owns a small landscaping business and allows his foreman, Miguel, to use the company truck for daily jobs within a 50-mile radius of their office. One afternoon, Miguel needs to transport some tools to a job site 30 miles away but has a sudden emergency. He asks another trusted employee, David, who is also licensed and authorized to drive company vehicles, to complete that specific delivery. David has an accident while driving the truck to the job site.

  Here, Mr. Chen's business is the insured. Miguel is the first permittee, authorized to use the truck for jobs within a 50-mile radius. David is the second permittee. Because David is driving the truck to a job site within the authorized 50-mile radius, his use is within the scope of the original permission given to Miguel. Therefore, the second-permittee doctrine would likely apply, extending coverage from the company's insurance policy to David's use.

• Example 3: Exceeding the Scope of Permission

  Emily lends her convertible to her daughter, Chloe, for a day trip to a specific beach town two hours away. Emily explicitly tells Chloe the car is only for the trip to the beach and back, and not for any other extensive travel. While at the beach, Chloe's friend, Ben, asks if he can borrow the convertible to drive to a different city, an hour further down the coast, to visit his cousin. Chloe agrees, and Ben gets into an accident on the way to the second city.

  Emily is the insured car owner. Chloe is the first permittee, with permission to use the car for a specific day trip to the beach town. Ben is the second permittee. However, Ben's decision to drive the car to a *different city* that is an hour further than the original destination, and not part of the "trip to the beach and back," likely falls *outside* the scope of the permission Emily originally gave Chloe. In this scenario, the second-permittee doctrine might not apply, meaning Ben's use might not be covered by Emily's insurance policy because he exceeded the original boundaries of permission.