Someone Crashes Your Car, Now What?
If someone is involved in a car accident, the damage must be covered by your insurance company or the other driver's insurance company. But what if the vehicle is being driven by someone else and causes the accident? The answer depends on how the unfortunate accident occurred.
Who is responsible if someone else drives your car?
Most of the time, a person's auto insurance will cover their vehicle and not the owner as a driver. Therefore, standard liability rules generally apply. The person causing the car accident is legally liable for all losses, including medical bills and property damage.
If someone else is driving your car and someone else causes a car accident, the at-fault driver's insurance company is usually responsible for the damages. However, if the driver of your vehicle is at fault, your auto insurance will usually cover the damage. However, there are certain exceptions to this rule. If you have questions about specific insurance policies, contact an auto insurance company.
What if the person driving your vehicle has their own car insurance?
If the person driving your vehicle has their own car insurance, it can serve as a backup for the car owner's coverage. However, it is a common misconception about auto insurance that the non-owner driver is fully responsible. The owner's car insurance is still the main insurance, and your friend's insurance can be an additional help.
Let's imagine that "B" is driving "A"'s vehicle and causes a car accident. 'A's insurer is responsible for the damages because 'B' was at fault for 'A's' vehicle. However, 'A' insurance only pays damages up to a certain financial limit. If the cost of the accident exceeds the limit of the "A" policy, the "B" insurance may cover the remaining costs.
What happens when your teenager causes a car accident?
If the teenager obtains a driver's license, he must be listed on the policy as a named insured, which means he will be covered if he has an accident involving the car. Even if they are not legally included in the policy, a licensed teen driver is usually covered by their parents' insurance while they learn to drive.
However, a young driver who does not have a license or driving license is not insured; Therefore, if a parent lets their child drive their car and causes an accident without a driver's license or permit, the claim may be denied, leaving the parent liable for damages caused by their child.
If a teen steals a parent's car and causes an accident with it, the parent can file a claim with the insurance company. However, this may require a police report against the child and the parent may still be liable for the consequences.
Insurance factors to consider if someone else is driving your car
If someone owns a truck, there might be people who want to borrow it from time to time when they need to move things (hoping to avoid the hassle of renting a truck). When your vehicle is being repaired, someone may want to borrow a friend's car for a short trip. This may seem like a low-risk, low-effort kindness on the owner's part.
However, if an accident does occur, the subsequent legal process can be complicated and time-consuming. Permissive use is the legal term for allowing a driver to borrow another car under the owner's policy. This differs from another common type of "borrow" option used by drivers on a daily basis:rented car.
Several car rental agreements regulate liability in the event of an accident. When renting a vehicle, usually the existing insurance policy is used as the type of coverage. If the policy has a Permitted Use Policy, it will generally cover anyone who has been given permission to drive the car. Put another way, if someone lets a co-worker, friend, roommate, or family member drive their car and they have an accident, homeowner's insurance will likely cover them.
What constitutes a free rider may be defined differently by different insurers. The license can be challenged in many cases. For example, someone might borrow a vehicle assuming the owner has no problems, when in fact the owner would have said no.
If the insurance does not contain a permission clause, the insured may include natural persons in his policy. However, the owner is still the “primary driver” of the insurance. A deficient driver's license can affect the final price you pay for coverage when contacting your insurer to add an additional "designated driver". There should be no surcharge on the policy if the added driver is competent and has a good driving record.
Possible exceptions to your insurance coverage: commercial use
According to insurers, commercial drivers have a higher risk of accidents than private drivers. Business use as B. Visiting customers, transporting goods or allowing people to travel for a fee may be excluded from personal car insurance (eg, hitchhiking). Please note that the policy may not apply if someone else rents a car for business purposes.
If a person drives another person's car for business purposes, the owner may need to explicitly state "commercial use" in their insurance policy so that coverage can be extended in these cases.
If you're not sure if you have coverage for commercial use, you can check with your auto insurer to determine whether your driving activity (or the activity of anyone else who may be driving your car) requires a commercial policy.
What happens if your car insurance refuses to pay for the damage?
If someone else was driving your vehicle, the insurer may refuse to pay the claim in the following situations:
The car is taken from the owner without his permission.
(Video) The biggest mistakes people make after a car accidentThe insurance policy does not cover the person driving the car.
The driver is under the influence of alcohol or drugs or does not have a valid driver's license.
Let's take a closer look at them:
drive without permission
If a family member or friend takes the car without authorization and the owner can prove it (which is difficult), he is liable for the damage he caused. If a friend borrows the car without permission and does not have their own insurance, the owner may need to file a claim with the insurance company to get coverage for the damage caused.
The other driver is not covered by insurance.
If another driver was deliberately excluded from the primary insurance, the insurance will not cover damage to the vehicle caused by him. Often, someone is deliberately excluded from auto insurance, such as inexperienced or high-risk family members, because their inclusion increases insurance premiums.
Therefore, if an excluded driver crashes the policyholder's car, the insurance will not cover the damage, even if he has a driver's license at the time.
The driver was under the influence or does not have a valid driver's license
Because it could violate the terms of the policy, insurance may not cover damage to the vehicle if it is loaned to someone who is involved in an accident while driving under the influence of alcohol or if it is loaned to someone who does not have a valid vehicle. driver's license has driver's license.
How can you prove that you gave the other person permission to drive your car?
It is difficult to prove that someone else is allowed to drive a car that does not belong to them. The car owner may be liable for damages if he cannot prove that he did not give permission and that a car accident occurred.
You may also choose to exclude someone from your insurance policy if they have a poor driving history and you know it will increase your insurance premiums. If the owner lets this person drive his vehicle and an accident occurs, the insurance company is not liable for damages.
After all, if the person driving the car does something illegal, the owner will almost certainly be liable for the damage. Driving under the influence of alcohol or driving without a legal license are examples.
Steps to take after someone else causes a car accident in your vehicle
After a traffic accident involving your vehicle, it is important to react quickly, even if you are not involved. After an accident, people have two years from the date of the incident to claim personal injury compensation, and that time can fly by.
Contact a car accident lawyer
Get in touch with aCar Accident Lawyer in Nashville, TNit's the best first step. As every car accident is unique, legal advice may be required depending on the circumstances.
If the driver of your car is not at fault, an experienced attorney can make sure you receive compensation for your damages. Even if the owner was not in the car at the time of the accident, the at-fault driver is still liable for any damages. There is a possibility that the person driving your vehicle was injured and the vehicle was damaged.
Insurers often look for ways to pay less than the actual cost of the disaster. A car accident attorney can help people protect their rights and fight for the compensation they deserve.
Know your accident insurance
People should also familiarize themselves with the limits and coverage of their insurance policy. Here, too, an experienced lawyer can help his clients.
report the accident
make sure someoneCall the policeas soon as possible after the car accident. Not only is it a legal requirement, but it also serves as proof of insurance claim.
Write down and photograph what happened in the car accident. Document the crash site andproperty damageand physical injuries. If the owner of the car was not involved in the collision, make sure the driver of the vehicle records these details. You can also chat with witnesses and get their contact details and names to ask what they saw.
Do insurance premiums increase after someone else is involved in an accident while driving?
The short answer is probably yes. Since auto insurance works the same way, whether someone lends their car to someone else or drives it themselves, premiums increase when someone else causes the accident as well as when the owner caused the accident.
If someone is concerned about accidents, they should consider adding accident forgiveness to their policy. Some companies offer accident forgiveness, which can help prevent premiums from increasing after an accident. It is usually in addition to regular liability insurance and is only available to drivers who have not been in an accident for a certain number of years. Therefore, it is a form of secondary coverage.
There are also a few ways to reduce fees when they increase as a result of a claim, such as:
Combine home contents with car insurance – see how you can save money.
Take advantage of the car insurance discounts we offer you
Change in deductibles or coverage limits
There are a few things to consider when looking for new auto insurance.
It's also worth noting that people who drive someone else's car with their consent may have less coverage depending on their insurance and where they live.
How much do car accident lawyers charge for these cases?
Personal injury lawyers work on a contingency basis, which means they are not paid until clients receive settlement payment. We do not charge if the client does not win the case. So people basically get free legal representation until they settle down. At that time, we will reimburse you for the fees discussed during your free case evaluation.
Frequently Asked Questions (FAQ)
What happens if someone steals your car and has an accident?
The vehicle owner is not responsible for any injury or damage caused by someone who stole his car and subsequently caused an accident. If the owner's policy includes comprehensive insurance, you will be protected against theft and will be compensated for the total loss of the vehicle.
What happens if someone crashes your car while driving to another state?
Car insurance covers the vehicle regardless of the condition it is in. Note: If the insured permanently moves to another federal state, he will have to adjust his insurance coverage. You need separate insurance plans for different vehicles if you have two homes in two different states and you have a car in each of them (the car must be registered in the state where you are located).
Do you have to pay the car insurance deductible?
Civil liability insurance (insurance that covers damage caused by another driver) does not include a deductible. The deductible is the amount you pay for repairs to your own vehicle. Therefore, if someone rents their car and has an accident, the owner is responsible for a necessary deductible. You can negotiate an agreement with the other driver to pay the deductible; However, this is outside the terms of the car insurance contract and is a personal agreement.
What happens if someone else drives your car into Mexico?
When it comes to US citizens, Mexico is a popular vacation destination. According to the Mexican government, tourists must purchase motor vehicle liability insurance from a Mexican insurance company. Insurance can only cover loss or damage that occurs within a specified distance of the US-Mexico border when purchased in the United States. Regarding travel to Mexico, the insurer may recommend a specialist insurer based in Mexico.
Contact The Keating Firm Ltd today for legal advice!
If you are not at fault, you can get compensation regardless of who was driving your car at the time of the accident. At The Keating Firm Ltd we can help you raise the necessary funds to offset your losses. We know what it takes to win a personal injury case because we've been helping car accident victims for decades. To discuss the details of your case, contact us today for a free consultation with an experienced attorney.
People need a professional personal injury attorney who is willing to work directly with auto insurers who don't want to cover medical bills covered by liability insurance. We value our attorney-client relationship and stand ready to aggressively fight for those seeking compensation.