Yes, your insurance may cover an accident in someone else’s car, but it depends on the type of coverage you carry, the circumstances of the accident, and the policies involved.
If you borrow a car and get into an accident, liability can get complicated quickly, and both your policy and the vehicle owner’s policy may come into play.
Whether or not you’re covered depends on a variety of factors, including permission, insurance limits, and what kind of coverage is in place. You can learn more by enlisting the help of an experienced Kansas City car accident lawyer.
Understanding Insurance Follows the Car vs. the Driver
In most situations, car insurance is tied to the vehicle, not the driver. That means the primary source of coverage typically comes from the car owner’s insurance policy. So, if you’re driving a friend’s car and get into an accident, their insurance is usually the first to respond.
However, that doesn’t mean your insurance is off the hook. If the damages exceed the limits of the vehicle owner’s policy, or if there are gaps in coverage, your policy could step in as secondary or supplemental coverage.
It’s important to understand how your policy fits into the bigger picture and how multiple policies interact during a claim.
When are You Covered Driving Someone Else’s Car?
If you had permission to drive the vehicle and the car is insured, you’ll often be covered under the vehicle owner’s policy. This is typically referred to as “permissive use.”
Most standard policies include coverage for people who are not listed on the policy but are allowed to drive the car. As long as you’re not explicitly excluded from the owner’s policy, there’s a good chance you’ll be covered.
Your own auto insurance may also provide additional liability or medical payment coverage, depending on your policy limits and what’s included.
Contact our Kansas city personal injury lawyers now.
When Your Insurance Might Not Apply
There are situations where your insurance—or even the vehicle owner’s insurance—might not cover the accident.
If you took the car without permission, if the vehicle is uninsured, or if you’re using the car for commercial purposes like delivering food or driving for a rideshare service, there could be exclusions that limit or eliminate coverage.
Drunk driving or engaging in illegal activity can also void coverage under most policies. It’s also possible that the vehicle owner’s insurance policy has a “named driver” clause, which excludes anyone not specifically listed. In these cases, your insurance might have to step in—or you may be personally responsible for damages.
What Happens if You’re at Fault?
If you caused the accident while driving someone else’s car, the vehicle owner’s insurance typically pays first. However, if the damages exceed the coverage limits, your policy may provide secondary coverage, assuming you carry liability insurance.
You might also be personally liable for any damages not covered by insurance, including injuries, property damage, or legal costs. This is why it’s critical to understand both your policy and the vehicle owner’s policy before borrowing a car.
Some policies include an “excess” provision, which only kicks in after the primary policy pays out.
What if You’re Not at Fault?
If the accident was caused by another driver, their insurance should cover your damages—regardless of whose car you were driving. However, you may still have to deal with the other insurance company and provide documentation.
If the other driver is uninsured or underinsured, and you carry uninsured/underinsured motorist coverage, your policy might cover injuries to you or your passengers. This type of coverage can be extremely helpful in situations where the at-fault driver doesn’t have enough insurance to fully cover your losses.
Can a Lawyer Help Untangle the Insurance Questions?
Absolutely. If you’ve been in an accident while driving someone else’s car, and you’re unsure who is liable or what insurance applies, an experienced personal injury attorney can be a huge asset.
A lawyer can review the details of both insurance policies, help communicate with insurance companies, and protect you from accepting blame or settling for less than you’re owed.
Insurance adjusters may try to shift responsibility or deny coverage altogether, especially in complicated situations involving multiple drivers or policies. Having a legal advocate can make sure that your rights are protected and you aren’t left paying for damages out of pocket.
Get a Free Consultation with Foster Wallace
So, will my insurance cover an accident in someone else’s car? If you’ve been involved in an accident while driving someone else’s car, and you’re feeling overwhelmed by the insurance process or unsure about your legal rights, you don’t have to figure it out alone.
At Foster Wallace, we help people every day who are dealing with complicated insurance issues, accident claims, and liability questions. We offer free consultations so you can get clear, honest advice about your situation with no pressure and no upfront cost.
Contact us today or visit our FAQ page to learn more.
