If someone else is driving your car and gets in an accident, your car insurance typically covers the damages. Still, you may be liable for any costs if the driver was negligent or if your policy has exclusions.
Understanding what happens in such a situation is essential to protecting your rights and ensuring that the process is handled properly. Whether you’re concerned about liability, insurance coverage, or potential lawsuits, a Kansas City car accident lawyer can help you learn more.
Can I Be Held Liable if Someone Else Gets Into an Accident While Driving My Car?
In many cases, you could be held liable for damages if someone else gets into an accident while driving your car. This is particularly true if the accident was caused by negligent behavior or if you allowed someone to drive your car when you knew they were unfit to do so.
For example, if you lend your car to someone who is under the influence of alcohol or drugs or if they have a history of reckless driving, you may be held liable for the damages they cause.
Liability can also extend to cases of negligent entrustment. This means that if you knowingly lend your car to someone unqualified or incapable of driving safely, you could be found responsible for the damages.
Understanding Insurance Coverage and Liability
One of the first things to consider when someone else is driving your car is how your insurance will respond.
Generally speaking, car insurance policies are tied to the vehicle itself, not the driver. This means that if someone else is driving your car with your permission and gets into an accident, your car insurance will likely be the primary coverage for the incident.
However, this can vary depending on the type of insurance you have and the specifics of your policy. Most states require a minimum amount of liability insurance, which covers damages to other people or their property if you’re found at fault.
Your Liability Coverage May Extend to Cover the Damages
In the case of an accident caused by someone else driving your car, your liability coverage will generally extend to cover the damages caused to the other party, but it may not cover the damages to your vehicle or the injuries to the driver or passengers in your car.
Contact our Kansas city personal injury lawyers now.
Who Is at Fault?
In many car accidents, the determining factor in how damages are paid out is who is at fault. If the driver of your car is found to be at fault for the accident, your insurance will typically cover the damages.
However, if the other driver is found to be at fault, their insurance should cover the damages to your vehicle and any medical bills incurred by you or your passengers.
What If the Other Driver Is Uninsured?
In situations where the other driver doesn’t have insurance or doesn’t have enough coverage, your insurance policy may be required to step in to cover the difference.
Some policies offer uninsured or underinsured motorist coverage, which can be a lifesaver in situations where the responsible party can’t pay for all of the damages.
If the driver of your car is not at fault but doesn’t have insurance or their policy limits are insufficient, this can complicate the situation, and you may have to rely on your policy for coverage.
Permissive Use and Exclusions
In insurance terms, “permissive use” refers to a situation where the driver has permission from the owner to operate the vehicle. Generally, if the driver has permission, your insurance policy will cover the damages from the accident. However, there are important exceptions.
Some insurance policies exclude certain types of drivers. For example, your policy may exclude coverage if the driver is under the influence of alcohol or drugs or if they have a history of reckless driving. In these cases, your insurance might not cover the accident, and the driver may be held personally liable.
Moreover, if the person driving your car is not someone you typically allow to drive your vehicle, or if you’ve explicitly denied them permission to use your car, your insurance policy might not cover the damages. In such cases, the driver would likely need to rely on their insurance.
Contact the Car Accident Lawyers at Foster Wallace to Get Help
So, what happens if someone else is driving my car and gets in an accident? In some cases, your insurance will extend to cover the damages, but in other cases, you may be held liable.
If you’ve been involved in an accident in which someone else was driving your car, or if you need legal advice on car accidents and insurance coverage, don’t hesitate to contact our skilled team for a free consultation.
Let the team at Foster Wallace help you understand your options and make informed decisions moving forward. For more information, visit our FAQ page.
