13 November, 2023
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
A car accident can become complicated if you were not driving when the accident occurred. Whether the person driving causes injuries, property damage, or vehicle damage, a car accident can have severe consequences on your life.
Most insurance companies will allow you to file a claim if an accident occurs after allowing another driver to use your car. If the accident’s losses exceed your policy’s limits, you can file a claim against the at-fault driver’s insurance coverage.
However, exceptions to the above scenarios exist, which may force you to pay for the damages out-of-pocket.
If the insurance company refuses to settle after someone else damaged your car, consider speaking to an experienced car accident attorney about your legal options.
Most auto insurance coverage protects the car and doesn’t consider who is driving. So, if you let someone drive your vehicle, the insurance typically covers any damage to the vehicle and the driver.
Collision insurance coverage will cover the cost of making repairs or replacements if another car or object, such as a fence or a tree, damages the car. Liability coverage will cover the cost of property replacement or repair if the driver crashes into another person’s property, resulting in damage.
Typically, your friend’s insurance cannot cover the damage when driving someone else’s vehicle. More importantly, your insurance plan covers the cost of the wreckage caused by another person as long they’re a licensed driver. If the other person is an unlicensed driver read more about it here.
In addition, the driver shouldn’t borrow your vehicle often because there’s a provision to list regular drivers in your insurance policy. As such, always seek clarity from the insurer since most providers offer differing terms.
Lastly, your friend’s insurance can be considered secondary coverage if the damage exceeds your insurance limit.
Let’s say the wreck involving your friend results in $20,000 in damage, but the collision coverage limit is $15,000. In such a situation, your friend’s insurance might have to compensate for the $5,000 gap.
It is also customary for the insurance company to recover part of the damage from your friend’s insurance even if your policy covers the entire bill, a process called subrogation.
There is a term in insurance called ‘’permissive use,’’ which means you gave your friend the green light to use your car. Non-permissive use occurs when a friend uses your car without your consent. Unfortunately, you may need to pay for the damages if you cannot prove you did not permit them to drive before the accident happened.
Sometimes, you can leave out a friend or a family member off the list of those allowed to drive the vehicle because their poor driving record would have increased your premiums. If you later allow that person to drive the vehicle and an accident occurs, your insurance may not cater for the damages.
In addition, the insurance will not be liable for the damages if the person driving engages in something illegal, like driving under the influence or without a license.
You’ll need to file an insurance claim, a formal request to the insurer after your car has been involved in an accident.
Here are the steps to follow when filing an insurance claim:
Consider filing a police report immediately after someone else crashes your car. Irrespective of whether someone was injured, you’ll need a police report to submit an insurance claim. So, you’d rather have the police record the details before they fade away.
Although some insurers may allow you to submit the police report a few days later, getting done with the step can speed up the claim process.
Get ready to file an insurance claim by gathering essential information about the accident to help you fill out the claim form and provide answers to your provider.
Here’s what you should document at the scene:
Call your insurance provider immediately, regardless of the party at fault. Then, use the provided channels, whether an app or website, to report, upload documents, and check their status.
Speak to a car accident attorney in case of a dispute with your insurer or their failure to settle your claim. A car accident attorney has deep insurance law knowledge, which helps them negotiate for a fair outcome with the insurer.
If you allow the other person to drive the car, your insurance company will pay for the damage. Two parts of the auto insurance will be called upon. The liability insurance coverage will cover another person’s bodily injury and damage to another person’s car or property.
Secondly, the collision coverage will cover your vehicle’s damages if a friend crashes your car.
You should also remember that insurance coverage does not exceed the coverage limits. You may, therefore, be required to cater for bodily injury or property damage beyond your limits. Alternatively, your friend’s insurance can cover the damages if its cost exceeds your limit.
You may not be held accountable after a friend drove your car without permission. If your friend has insurance, it will kick in. If they don’t have insurance, you’ll need collision insurance coverage to cater to the damages in your vehicle.
Suppose someone stole your vehicle and crashed it. Your comprehensive coverage package will cater for bodily injury to other people, car repair and replacement costs, and third-party property damage.
Most insurance companies will readily reject an insurance claim for simple technicalities. Unfortunately, assuming liability for a car accident comes with unplanned expenses. For instance, the court can compel you to pay a hefty settlement amount to an injured pedestrian.
With that in mind, consider engaging an experienced car accident attorney who can represent you in an insurance claim to enhance your chances of success.
The Barnes Firm is highly experienced and ready to help you get compensated. Contact us online or reach us at (800) 800-0000 for a free case evaluation.
“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
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