Last Updated: November 25, 2024
Imagine lending your car to a friend or family member, only to receive a call that they have been involved in an accident. The immediate thoughts that flood your mind are overwhelming: determining who is responsible for the damages, understanding how this will affect your insurance, and knowing what necessary legal steps to take. Contending with the wake of a car accident is complex enough when you are behind the wheel, but when someone else is driving your vehicle, the situation can become even more confusing.
At the Auto Accident Team, we understand the stress and uncertainty these situations can cause. We are dedicated to connecting our clients with experienced attorneys that can handle every aspect of their case from filing to resolution. Our network of attorneys has extensive experience handling auto accident claims and are ready to help you secure the compensation you deserve. When you partner with us, you will be paired with a first-class attorney committed to protecting your rights and interests.
Determining liability when someone else is driving your car and is involved in an accident depends on several factors, including whether the driver had permission to use your vehicle.
If the driver had your explicit or implied permission to use your car, many states follow a permissive use law which generally holds the car owner’s insurance policy as the primary coverage. This means your insurance will typically be the first to pay for damages and injuries resulting from the car accident. The driver’s insurance may act as secondary coverage if the damages exceed your policy limits.
It becomes complex if someone uses your car without your permission and gets into an accident. Unauthorized use can occur in various scenarios, such as when someone takes your car without asking or against your explicit instructions. In these cases, the driver’s insurance will typically be the main source of coverage for any damages or injuries.
For instance, if a relative takes your car without your consent and causes an accident, their insurance policy would be primarily responsible for covering the damages. If the unauthorized driver is uninsured or underinsured, you may need to rely on your own uninsured/underinsured motorist coverage, depending on your policy.
Many states follow a comparative negligence system that assigns fault percentages to each party involved in a car accident, impacting liability and compensation, regardless of whether the driver had your permission.
Each party involved in the accident is typically allocated a percentage of fault based on their behavior. For example, if your driver was speeding and the other driver ran a red light, your driver might be 40% at fault while the other driver bears 60% of the responsibility.
The assigned fault percentages directly affect compensation. Using the same example, if the driver of your car is found to be 40% at fault and the total damages amount to $10,000, they can only recover $6,000 from the other party’s insurance. Your insurance will cover the percentage of damages for which your driver is at fault, in this case, 40%, or $4,000.
As the vehicle owner, even partial fault can lead to increased insurance premiums and potential out-of-pocket expenses if damages exceed your policy limits. An attorney from our network can review your case and determine the best path forward to safeguard your rights.
Dealing with the aftermath of an accident involving your car can be overwhelming, especially when you are not the one driving. At the Auto Accident Team, we are dedicated to connecting you with experienced attorneys who will advocate for your rights. They will help you understand your insurance coverage, liability, and potential costs. Our network of attorneys are ready to handle every aspect of your case, from filing to resolution, ensuring you secure the compensation you deserve.
Our attorneys have several years of experience managing complex auto accident claims, and they will work tirelessly on your behalf. Whether the driver had permission or took your car without consent, our attorneys will navigate the legal intricacies and protect your interests.
Reach out to the Auto Accident Team today at (877) 236-2391 or through our contact form.
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