Golf Cart Liability
 

We have been renting in TV for many years and have come across this very issue with golf carts. When I called my insurance company I was informed that I would not be covered by my insurance nor could I purchase insurance to protect me when operating another's cart. When we tried to purchase insurance from one of the local Villages insurers we were informed that because we did not own said cart we could not insure it. That said, I refuse to drive a rental cart unless the owner of the cart can show me it is properly insured; and proper insurance is not a homeowner's insurance. For all you folks that have carts with your rental units be aware that you are liable for the actions of the person you allow to drive the cart.

In 1920, the Florida Supreme Court, in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920), applied the dangerous-instrumentality doctrine to automobiles. The significance of the holding is that owners of automobiles are responsible for personal injuries caused through the negligence of those who drive their vehicles. The legal theory that holds the owner accountable is known as vicarious liability. In 1984, the Florida Supreme Court expanded the dangerous-instrumentality doctrine to include golf carts, even those being used on the golf course. Meister v. Fisher, 462 So. 2d 1071 Fla. 1984).

Don't take my word for it, GOOGLE Meister v. Fisher and read it for yourself.

As a landlord that includes a golf cart with your rental I doubt you can sign away your liability to the renter under these court decisions.

If it is possible to lease a car and obtain insurance as the lessee, why can one not obtain insurance on a golf cart as a lessee? Seems like this represents a profitable opportunity for an enterprising agency.

Except for the lack of operator licensure, therefore no control over the qualification of the driver.

Who covers the insurance on the carts that are used in a LSV?

VG

think twice before lending your cart...
 

Under Florida's motor vehicle law, a golf cart is a dangerous instrumentality.*See Meister v. Fisher, 462 So.2d 1071 (Fla. 1985) ("Golf cart is a dangerous instrumentality for purposes of imposition of liability on owner.") The owner of a golf cart, because it is a dangerous instrumentality, is responsible for the damages caused by anyone using it with the owner's permission. Accordingly, it is critical to purchase liability coverage in case property damage or bodily injury results from a golf cart incident, regardless of who is using it - if you are the owner, or if you will be using a golf cart on a regular basis. The unfortunate reality is that owners of automobiles and golf carts are almost always named as defendants in lawsuits to answer for damages -- even if they were not driving or present at the time of the crash.
So let me get this straight... i worked my whole life to have a great life in TV to possibly lose it all to save a neighbor a few bucks cart rental fee when his guest are in town... not me

Good question. There must be some liability coverage for the LSV visits.