Imagine this: You lend your car to a friend or family member, and they get into an accident. Suddenly, you’re left wondering, Who is responsible? Will my insurance cover the damage? If you’ve found yourself in this situation, you’re not alone. Many California drivers are unsure about their liability when someone else wrecks their car.
At Weinberg Law Offices, we’re here to help you navigate this complex situation. In this guide, we’ll break down what happens if someone else is driving your car and gets in an accident, including liability, insurance coverage, and the steps you need to take to protect yourself.
Who Is Liable If Someone Else Wrecks Your Car?
If someone else drives your car and gets into an accident, determining liability depends on permission and fault. California law makes it clear that car insurance follows the car, not the driver.
Permissive Use
Many wonder, Who is liable if someone else wrecks your car? California operates under the principle of permissive use. This means if you gave someone explicit or implied permission to drive your car, your insurance policy will typically cover the accident, even though you were not driving.
However, you should be aware of the following exceptions to this general rule:
- If the driver is specifically excluded from your insurance policy,
- If the driver does not have a valid driver’s license, or
- If the driver was engaging in illegal or reckless behavior.
In such cases, your insurance may not cover the damages, leaving you or the driver financially responsible.
Who Is Responsible for Damages?
California is an at-fault state, which means the party who caused the accident is responsible for the damages. If the person driving your car caused the accident, your insurance will likely be the primary coverage.
However, if the other driver was at fault, their insurance will be responsible for covering damages. If someone else wrecks your car, you’ll want to know how your insurance policy applies. It is important to make sure that your insurance coverage meets minimum requirements in California.
What Happens If Someone Else Is Driving Your Car and Gets in an Accident?
Your Insurance Is Primary
Under California law, car insurance follows the car, not the driver. If someone borrows your car and causes an accident, your insurance is likely the primary coverage. This means your policy will cover the damages up to its limits before any other insurance kicks in.
For example:
- If your friend gets into an accident while driving your car, your liability insurance will pay for the other driver’s damages up to your policy limits; and
- If the damage exceeds your coverage, the driver’s personal insurance (if they have it) may cover the remaining costs.
This ensures that the injured parties receive compensation, but it may also impact your insurance rates.
When the Driver’s Insurance Applies
If the person driving your car has their own insurance, it can act as secondary coverage. This typically happens when the damages exceed your policy limits. However, this depends on the terms of both insurance policies.
If you did not give permission to the person driving your car, you may not be liable for the accident. For instance, if someone stole your car and got into an accident, you would not be responsible, and your insurer would not be liable for damages.
However, you must prove that the driver did not have your permission. In these scenarios, it is key to take swift action to communicate with your insurer and gather evidence.
What to Do When Someone Else Drives Your Car and Gets in an Accident
Panic can set in if you don’t know what to do when someone else drives your car and gets in an accident. If you are in this situation, it’s essential to take immediate action to protect yourself and your financial interests.
1. Ensure Safety and Call the Police
The first priority is safety; everyone involved in the accident should receive proper medical attention if necessary. Call the police to report the accident, as you will need an official accident report.
2. Gather Information
After ensuring safety, collecting as much information as possible about the accident is important. Ensure the driver collects the following:
- Contact information for all parties involved;
- Insurance details from the other driver;
- Photos of the accident scene, vehicle damage, and any injuries; and
- Witness statements, if possible.
This information will help you report the accident to your insurance company.
3. Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Be honest and provide all relevant details, including that someone else was driving your car.
4. Determine Fault and Coverage
Your insurance adjuster will investigate the accident to determine fault and explain how your coverage applies. If your insurance is primary, they will handle the claim up to the policy limits.
5. Contact a Car Accident Lawyer in California
If liability is disputed or if damages exceed your insurance coverage, it’s essential to consult with an experienced car accident lawyer in California. A lawyer can help you navigate complex insurance issues and protect your rights. At Weinberg Law Offices, we work tirelessly to ensure you receive the compensation you deserve and hold the at-fault parties accountable.
Who Pays for the Damage If Someone Else Crashes Your Car?
If the person driving your car caused the accident, your insurance will typically cover the following:
- Property damage to the other vehicles, and
- Bodily injury expenses for the other parties involved.
If the other driver caused the accident, their insurance will cover the damages. However, you may still need to file a claim with your insurer for repairs to your car under collision coverage.
If damages exceed the coverage limits, the driver’s personal insurance policy may cover the rest, or you may pursue legal action to get the compensation you need.
For a free legal consultation, call (818) 697-1079 or complete the case evaluation form below
Contact Us for a 100% Free Consultation Today
If you’re dealing with the aftermath of an accident involving someone else driving your car, don’t navigate this challenging situation alone. Understanding what to do when someone else drives your car and gets in an accident is the first step—the next step is calling an experienced car accident lawyer.
At Weinberg Law Offices, we are here to guide you through the process and fight for the outcome you deserve. Contact us today for a free consultation and let us help you move forward confidently.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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