[retiredguy123]

Originally Posted by JudyLife

I rent my villa with a gas GC and have a policy with Progressive which covers my renters with ‘permissive use’ of my GC.

Not necessarily. See Post No. 45.

[mrf6969]

Originally Posted by retiredguy123

Not necessarily. See Post No. 45.

Interesting comments here voicing many points of view. With the litigious society we live in now and all the Morgan and Morgan's that are out there, it seems very hard to really protect yourself. Maybe a million or two million umbrella might be wise, if that is enough.

[retiredguy123]

Originally Posted by mrf6969

Interesting comments here voicing many points of view. With the litigious society we live in now and all the Morgan and Morgan's that are out there, it seems very hard to really protect yourself. Maybe a million or two million umbrella might be wise, if that is enough.

I agree. Personally, I don't think the "permissive use" provision in your insurance policy will provide any liability protection to a landlord who allows a tenant to use their golf cart. Also, I don't think it matters how it is stated in the lease agreement. This is a business relationship between two parties, where the landlord is renting their house to make a profit. The golf cart is part of the deal and not a permissive use arrangement.

[bimmertl]

Originally Posted by LeRoySmith

Same thing with state farm, if you give another person permission to use your car (or golf cart) they are insured as you are.

State Farm policy excludes coverage "for damages arising out of the ownership maintenance or use of a vehicle while it is rented to or leased to others by and insured".

Pretty much standard language in most policies.

Your renter can't waive the rights of injured parties who aren't part of the leasing or rental agreement.

So if your renter injures a pedestrian with your golf cart, they have the right to recover from you under Florida's dangerous instrumentality act.

[Gatorfan1]

Originally Posted by sallyg

Include the cart and have renters sign a waiver. Carts are a huge bonus for renters.

If you own golf cart, you are liable. If someone tells you different, have them give you in writing, signed, notarized.

[CoachKandSportsguy]

Our rental has a golf cart, lawyers, yada, yada, yada.

Professionals all have focus points, I do with finance. That does not mean a professional bias/focus is the required/only answer.

The renter signs a separate agreement that he/she/they are personally liable for the golf cart, instructions are given. Because it’s an LLC, we have on premise liability against all rental incidents as well as rental house insurance.

Renters crash off premise, not our problem. Rental insurance required to be purchased by renter also covers damages

It’s most likely preventative maintenance/proper execution steps pays off with minimal impacts, and best success for everyone. And of course, like everything else in life, it works until it doesn’t.

YMMV

[retiredguy123]

Originally Posted by Gatorfan1

If you own golf cart, you are liable. If someone tells you different, have them give you in writing, signed, notarized.

You will never get anything in writing from an insurance "agent" regarding coverage. They will just tell you to read the policy. This is because they are not actually agents for the company and they have no legal authority. Basically, they are sales people.

[Velvet]

Originally Posted by retiredguy123

You will never get anything in writing from an insurance "agent" regarding coverage. They will just tell you to read the policy. This is because they are not actually agents for the company and they have no legal authority. Basically, they are sales people.

So are you saying, no matter how you try to get around it, the owner ends up being liable for damages by the golf cart if it is used as part of a rental?

[retiredguy123]

Originally Posted by Velvet

So are you saying, no matter how you try to get around it, the owner ends up being liable for damages by the golf cart if it is used as part of a rental?

That would be my opinion. But, you may want to ask an attorney.

[Velvet]

Originally Posted by retiredguy123

That would be my opinion. But, you may want to ask an attorney.

Just curious. Thank you. I’m not renting anything out.

[mrf6969]

Originally Posted by Velvet

So are you saying, no matter how you try to get around it, the owner ends up being liable for damages by the golf cart if it is used as part of a rental?

Bottom line when all the dust settles, the way the ambulance chaser lawyers are now days and the courts too, I would have to agree that the bottom line would be, if you own it then the buck stops with the owner of the cart. Rather scary now days. Not worth the risk. Really got me thinking here so I am removing the cart from my rental.
Thanks for all the comments and opinions.

[Ignatz]

Originally Posted by mrf6969

Bottom line when all the dust settles, the way the ambulance chaser lawyers are now days and the courts too, I would have to agree that the bottom line would be, if you own it then the buck stops with the owner of the cart. Rather scary now days. Not worth the risk. Really got me thinking here so I am removing the cart from my rental.
Thanks for all the comments and opinions.

The lawyers will sure put you through the wringer trying to include you as a liable party should something happen.

Smart move to minimize risk even at the cost of losing some renters that require a cart.

[Gatorfan1]

Originally Posted by Velvet

So are you saying, no matter how you try to get around it, the owner ends up being liable for damages by the golf cart if it is used as part of a rental?

Foremost was offering a golf cart policy for rentals. The renters who drove the cart had to be added as driver. My understanding is that Foremost is no longer offering.

[bimmertl]

Originally Posted by Gatorfan1

Foremost was offering a golf cart policy for rentals. The renters who drove the cart had to be added as driver. My understanding is that Foremost is no longer offering.

This isn't that difficult to understand. Rental use, permissive use or whatever, in Florida the owner of the vehicle is liable for any permissive use by anybody.

What Is Dangerous Instrumentality Doctrine In Florida? - Quick Facts - Vicarious Liability - Abrahamson & Uiterwyk Car Accident and Injury Lawyers

In most cases the insurer of the cart will disclaim coverage as the vehicle is subject to a rental agreement. So no coverage for anybody.

You have to be crazy to let a rental use your golf cart.

[Velvet]

Sounds like people who let renter use golf carts are rolling the dice. Some people are high risk takers for a few dollars more. Maybe nothing will happen…

Personally, if I were to rent, my renter would have to rent their own golf cart, car, boat or whatever toy they want to play with. I’d stick to renting the house, just like anywhere else in the country.