What Happens if Someone Else Is Driving My Car and Gets in an Accident?

What Happens if Someone Else Is Driving My Car and Gets in an Accident?

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.

Who’s Responsible When Another Driver Damages Your Car?

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.

How Do You Prove You Gave Someone Else the Permission to Drive Your Car?

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.

What You Should Do After Someone Else Crashes Your Car?

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:

Step 1: Inform the Police

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.

Step 2: Collect Evidence and Documentation

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:

• Take photos of your car and other vehicles involved. Capture a clear image of the vehicles’ damage and license plates.
• Capture images in different views of the damaged property and a photo of the broader scene of the accident.
• Note down vital details, including the phone numbers, insurance information, and addresses of everyone involved in the wreck.
• Record the contact information of witnesses at the scene
• Request a police report from the officers of law after they’re done analyzing the scene

Step 3: Get in Touch With Your Insurer

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.

Step 4: Speak to a Car Accident Attorney

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.

Who Pays If Someone Crashes Your Vehicle?

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.

What If Your Friend Drives Your Car Without Permission and Crashes It?

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.

What If Someone Stole the Vehicle and Crashed it?

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.

What If The Person Who Crashed Your Car Has Their Own Insurance?

Auto insurance usually follows the car, not the driver.

So, if you let a friend borrow your car, your insurance plan generally covers anything that might happen to the vehicle during that time. For instance, your collision coverage for repairs or replacement if your car collides with another vehicle or an object.

Although your friend has insurance coverage for their vehicle, primary insurance coverage follows the car, not the driver. Your insurance will primarily cover accident-related losses such as property damage, liability, and bodily injury.

If the car accident results in extensive damage that exceeds your policy limits, your friend’s insurance may provide secondary coverage up to the extent of their insurance coverage.

However, not all policies allow secondary coverage, as described above. For instance, specific auto insurance policies exclude other drivers— including your immediate family members—unless you specifically list such a driver.

Unless listed, policies that exclude other drivers are mostly ‘step down’ and traded mainly by substandard carriers. However, you won’t have to worry about a substandard policy if you’re dealing with a reputable auto insurance provider.

Exceptions to Permissive Use Coverage

Permissive use applies when someone has express or implied permission to drive your vehicle.

You can grant someone express permission through a written or verbal confirmation.

Implied permission doesn’t have to be spoken or written but is generally based on past behavior, the relationship with the policyholder, or lack of objection.

Here are a few examples where someone else drives your car through permissive use:

• Your teenage daughter drives to the store with your car since it is the most accessible vehicle in the family garage
• You see your father grab your vehicle to move your car  so he can find enough room to park his truck
• Your next-door neighbor uses your vehicle to pick up a friend from the airport because you have a habit of sharing each other’s vehicle.

Permissive use can apply to anyone. Whether express or implied permissive use, someone else who drives your car should get the same protection you get from your auto insurance. Simply put, your auto insurance travels with anyone driving your vehicle.

Exceptions to Permissive Use

Commercial Use

Although an insurance provider caters to accident-related losses for permissive users, the coverage may not apply to vehicles used for business purposes. You can only enjoy the coverage if you have a specific endorsement for commercial use on your policy.

Suppose your self-employed friend borrows your vehicle to operate it as a taxi for a few days. In that case, your insurer may only cover accident-related losses if you have a plan that specifically covers business errands by permissive use.

Unlicensed or Inexperienced Drivers

If you allow an inexperienced or unlicensed driver to operate your vehicle, the insurance company may attempt to deny your claim. Most insurance companies justify their actions by determining insurance premiums based on the policyholder’s driving record.

If an insurer knew someone with less driving experience than you would be driving your car, they might have increased the premium.

Understanding California’s Fault Rule for Accidents

If you’ve sustained injuries or damages in a car accident, establishing the at-fault party is a step closer to your compensation. California is an ‘at-fault’ state, contrary to other jurisdictions where policyholders file insurance claims against their insurers regardless of the party that caused the accident.

Therefore, an accident victim must prove fault or negligence on the other party’s part to obtain compensation from an insurer or a favorable ruling from a judge. If the defendant claims the other party was partially responsible for the accident, they must also table supporting evidence.

Many accidents occur due to the action or inaction of more than one party. In some cases, two or more defendants contributed to the plaintiff’s injury. In other instances, the plaintiff is partly liable for the accident or injury.

California uses pure comparative negligence laws, which means the injured victim would at least recover part of their losses. Under the comparative negligence rule, if the plaintiff contributed to more than 50 percent of the incident (even if 99%), they could recover some damages.

Get Legal Help From an Experienced Car Accident Attorney

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 lawyer in San Diego 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.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “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
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