You let someone borrow your car, and they got in an accident. If the other driver was at fault, their insurance company should pay for damages. If the driver of your car was at fault, it is likely your car insurance will cover damages. There are exceptions, such as the condition of the driver at the time of the crash. Exclusions, such as driving while under the influence, apply.
If someone steals your car and gets into an accident, you are not liable for any injuries. Your car insurance should cover property damage to the vehicle. These various scenarios often become complicated under Virginia law. Our car accident lawyers at Rutter Mills can pursue any damages owed based on the circumstances of the collision.
The Other Driver’s Insurance
Car insurance follows the vehicle, not the driver. The other driver’s car insurance may come into play in such an accident, but only if the owner’s insurance was insufficient to pay all damages.
That is true as long as the driver had the owner’s permission to use the car. If the other driver did not have the owner’s consent to use the vehicle or use it for a particular purpose, under state law, the car is considered uninsured.
For example, you gave your brother permission to take your car to pick up groceries. He decides to visit friends an hour away and gets into an accident. Your insurance will not cover him because you did not let him borrow the car to take a more extended trip. His auto insurance will also not kick in because he did not have permission to use your vehicle in this manner.
A car accident lawyer knows there are other exceptions in which your car insurance will not cover damages. For example, if the person to whom the car was lent did not have a valid driver’s license, or if their policy specifically excluded them.
Excluded drivers are family members who were not added to the policy. That is usually because these family members are either high-risk drivers or lack experience. Keep in mind these relatives are excluded and do not permit them to use your car.
Contact us for a free consultation
If someone else borrowed your car and got into an accident, an experienced car accident attorney at Rutter Mills will protect your rights and negotiate with the insurance company. Schedule a free consultation today by calling or texting or submit our online contact form.
We serve those in the Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach areas. There is never a fee unless you receive compensation.
If someone else is driving your car and gets in an accident in California, the most important thing to know is that your car insurance is attached to your vehicle and can provide coverage in the crash. When it comes to liability for damages beyond what the insurance can cover, the driver of the vehicle most likely will be liable. However, there are certain situations in which the owner of the vehicle can be responsible for the harm caused by a driver who uses the car. In any motor vehicle crash case, a Los Angeles car accident attorney can answer questions you have about the claim and can advocate for you throughout the case.
We want to provide you with some frequently asked questions that arise in cases where a negligent driver gets into an accident while driving a car owned by someone else.
Whose Insurance Covers the Accident?
Under California law, California is a “fault” or fault-based state when it comes to car insurance and auto accident claims. Accordingly, anyone who is injured in a crash can decide whether to file a first-party claim with her own insurance company or to file a third-party claim with the insurance company of the responsible party.
Yet the law can get complicated when the person who caused the accident is not the owner of the vehicle. Who is the responsible party for insurance purposes in a collision where the driver does not own the car? For example, imagine that a teenage child borrows his parents’ car and gets into an accident, or a next-door neighbor borrows the neighbor’s car and causes a crash.
In general, car insurance follows the car. As such, when you own a car and pay a car insurance premium, your coverage is tied to your vehicle. This means that, in most circumstances, if another person is driving your car and causes a collision, your car insurance will provide coverage. However, there are a number of notable exceptions to this general rule.
What Are Some Exceptions Where My Insurance Will Not Provide Coverage?
One situation in which your insurance will not provide coverage is if you specifically excluded the driver from your policy. For example, if you have an adult child who has been in multiple car crashes or another friend or family member who is untrustworthy, you might have excluded that person specifically from your insurance policy. In such a scenario, the insurance will not provide coverage for an accident that the excluded driver causes.
Another situation in which your insurance will not provide coverage is if you knew that that driver was drunk or under the influence of drugs. If you allowed another person to drive your car with the knowledge that the person was intoxicated—under the influence of alcohol or drugs—your insurance typically will not provide coverage.
If your insurance will not provide coverage, you could end up being liable or responsible depending upon the circumstances of the case and should immediately seek help from a car accident attorney in Los Angeles. Of course, all of these situations assume that you allowed the driver to borrow your car. Depending upon whether or not you gave the driver permission, you may not be responsible at all for the collision.
Who is Liable If the Driver Did Not Have My Permission to Use the Car?
If the driver did not have permission to use the vehicle and, in effect, stole your car, you likely will not be responsible for any damage that the driver caused. However, you should always discuss the case with a car accident lawyer in Los Angeles.
What is Vicarious Liability, and Will It Apply to My Case?
When another driver causes an accident while driving your car, you might hear the term “vicarious liability” used. This term refers to a situation in which the owner of the car could end up being vicariously liable for the actions of the driver. Vicarious liability does not apply in most circumstances, but if your employer was using your vehicle in the course of employment and caused a crash, you may, in fact, be held liable under California law.
Contact a Los Angeles Car Accident Lawyer
If someone else drove your car and caused an accident, or if you were injured in a collision caused by a negligent driver, such as someone who bought Don Julio from a liquor shop. An experienced LA car accident attorney can assist with your case. Do not hesitate to get in touch with an aggressive advocate at our firm. Contact El Dabe Ritter Trial Lawyers for more information about how we can help.