What happens if someone else is driving my car and gets in an accident?

Occasionally, you may need to let someone else use your car. Or, someone may have stolen your car and gotten involved in a motor vehicle accident. When that happens, you might be wondering what to do next.

Your law firm can represent you if someone else was driving your vehicle and ended up in a motor vehicle accident. Learn more about what you should do next, and call your law firm to schedule an appointment with their team. We would be happy to provide you with a free case consultation. 

How Can a Car Accident Lawyer Help You if Someone Else Is Driving Your Car and Gets in an Accident?

You may think you can resolve this situation alone because the facts are on your side. On the other hand, it is more important for you to rely on an experienced car accident attorney who can help you.

A car accident lawyer can review the circumstances surrounding the accident to see whose fault it was. Then, if the accident was not your fault, you can work with your own insurance company to see if you can get them to cover the cost of the damage.

Furthermore, if you did not get permission for the other person to drive your car, you may be able to file a lawsuit to cover the cost of your property damage. Protect your rights and defend your interests following a motor vehicle accident. 

What Is the Fault Rule?

The fault rule in car accidents determines who is responsible for causing a car accident and who should be held accountable for any damages and injuries resulting from the accident.

Under this rule, the driver found to be at fault for causing the accident is responsible for paying for the damages and injuries.

What if Someone Else Drove My Car and Caused the Crash?

Car accidents can be stressful and costly, but they can become even more complicated when someone else crashes your car. Having another driver involved complicates the situation, whether a family member, friend, or stranger.

The answer largely depends on whether the person who drove your car had your permission. This legal concept is known as “permissive use.” It can significantly impact your auto insurance coverage and liability in case of an accident.

Permissive Use

Permissive use is when you permit someone else to drive your car explicitly or implicitly. Suppose you own a car and have insurance coverage. In that case, your auto insurance policy will extend to anyone who drives your car with your permission, as long as they have a valid driver’s license and are not excluded from your policy.

This means that if someone else crashes your car while driving with your permission, your insurance policy should cover the damages and injuries resulting from the accident up to the limits of your coverage. 

Non-Permissive Use

On the other hand, if someone else drives your car without your permission, it’s considered non-permissive use. In this case, your insurance policy may not cover the damages or injuries resulting from the accident, as the driver was not authorized to use your car.

If the person who drove your car without permission caused the accident, they may be held personally liable for the damages and injuries resulting from the crash. However, if they don’t have enough insurance (or have insurance at all) to cover the costs, you, as the car owner, may also be held liable, especially if you were negligent in preventing the unauthorized use of your car.

What Should You Do After Someone Else Crashes Your Car?

If someone else crashes your car, regardless of whether it is permissive or non-permissive use, there are several steps you should take to protect yourself and your legal rights.

Call a Car Accident Lawyer

First, consult a car accident lawyer who can advise you on your legal options and help you navigate complex insurance and legal issues. A car accident lawyer can also negotiate with the other driver’s insurance company and represent you in court if necessary.

Understand Your Coverage

Next, you should review your insurance policy and understand what it covers and excludes. Contact your insurance company as soon as possible to report the accident and file a claim if necessary. Remember that insurance companies may try to minimize the compensation they pay out, so having a lawyer on your side is crucial to protect your interests.

Document the Accident

Third, you should document the accident as thoroughly as possible. This includes taking pictures of the damages to your car, the other car, and any injuries, as well as getting the names and contact information of the other driver and any witnesses. You should also obtain a copy of the police report and any medical records related to the accident.

By following these steps, you can increase your chances of obtaining fair compensation for the damages and injuries resulting from the accident and protect yourself from any legal or financial repercussions.

How Do You Prove You Gave Someone Permission To Drive Your Car?

You can prove that you permitted someone else to drive your car in various ways. Remember that unless you admit that you permitted someone else to drive your car, your own auto insurance company may refuse to cover the cost of the accident.

Work with your lawyer to prove that you permitted someone else to drive your motor vehicle. For example, you may have text messages that show that you permitted someone else to drive your car. Or, if the individual was a family member or friend, they may be willing to say that you permitted them to drive the car even if they were involved in a motor vehicle accident. 

What Coverage Does Someone Use When They Borrow a Car?

If someone borrows your car, your insurance policy will generally protect them and your vehicle while using it.

So, if you have a collision insurance policy on your car, that insurance policy should provide you with protection even when someone else is operating your motor vehicle. Or, if you have comprehensive coverage, the same policy should protect them when they are driving your car.

What if the Person Driving Your Car Has Their Own Insurance Policy?

In general, if the person driving your car causes an accident, the liability for the damages and injuries will first fall on their insurance policy, regardless of who owns the car. This is because car insurance policies usually follow the driver rather than the vehicle. Therefore, if the driver has their own insurance policy, it will likely be the primary coverage for the accident.

On the other hand, if the driver is blamed for the accident, and their insurance policy does not cover the cost, the rest of the damages could be picked up by your car insurance company. That is why you need to work with a lawyer to protect your rights.

How Does Insurance Apply When Someone Else Drives Your Car?

It depends on whose fault the accident is. Suppose there is an accident, and the other vehicle’s driver is blamed. In that case, their insurance policy should pay to fix your car and cover the medical bills and injuries sustained by the person operating your motor vehicle.

On the other hand, if the driver operating your car is involved in a motor vehicle accident, it depends on whether you permitted them to use the car.

If you allow them, your insurance policy should cover the damages and injuries resulting from the accident. In contrast, if the person is not permitted to use your car, your insurance company may refuse to pay for the accident.

What if Your Car Insurance Refuses To Pay for an Accident?

You have multiple options if your car insurance company refuses to pay for an accident. You could tell the insurance company you gave the driver permission to use your car. Or, you could see if the person who operated your motor vehicle has their own insurance policy that could pay for the cost of the damage.

The best option is to contact a car accident attorney to work with you, help you protect your rights, and increase the chances of getting your damages covered.

How Do I Protect My Rights After a Borrowed Vehicle Accident?

The best way to protect your rights after a borrowed vehicle collision is to reach out to a car accident lawyer who can help you.

Insurance coverage can vary significantly when someone else uses your car, particularly if they are blamed for the accident. Your experienced attorney can work with you to protect your rights and increase your chances of getting your damages covered.

How Much Does an Attorney for Car Accidents Cost?

One of the most common reasons people hesitate to hire a car accident lawyer is that they think an attorney costs too much. Look for law firms who can provide you with a free case consultation and will only collect a fee if they win your case. Therefore, there is no risk in reaching out to them for a case consultation. Let them review your case and protect your interests.

Contact Our Attorney at Conboy Law Today for Help To Prove Liability in a Car Accident

At Conboy Law, we always put our drivers’ needs first and will do the same for you. We can review the circumstances surrounding any car accident involving your vehicle and help you prove that the liability falls on someone else.

Give us a call today to schedule a case consultation. We would be honored to represent you.