Someone Else Drives My Car and Gets in an Accident

PRESS RELEASE
Published April 23, 2024

Letting someone borrow your car can seem like no big deal. You hand over the keys as a friendly gesture, expecting the other person to return your vehicle safe and sound. But what if that doesn't happen? What if someone else drives your car and gets into an accident?

If this occurs, you, as a Nevada resident and car owner, could face some complicated legal and insurance issues. Understanding these potential scenarios is critical to protecting yourself if your vehicle is involved in a crash while being operated by another driver.

Insurance Work if Someone Else Crashes Your Car

Most people's first question is, will my insurance cover the damage if someone else wrecks my car? The short answer is, in most cases, yes.

Your personal auto insurance policy covers the vehicle itself more than just you as the named policyholder. So when you allow another driver to use your car, you also grant them coverage under your insurance while they operate that vehicle. This is known as "permissive use" in insurance terminology.

Specifically, if a friend wrecks your Chevy, your liability and collision insurance would likely pay for:

  • Injuries to passengers in the other car that was hit
  • Damage to the other vehicle or property
  • Injuries your friend suffers in the crash
  • Repairs or replacement for your Chevy

However, every situation differs based on who was at fault, if the driver has their own insurance, policy limits, and other factors. An experienced car accident lawyer in Las Vegas can help you review your unique insurance policy details to understand exactly how coverage would work if someone else crashes your car.

Is My Friend Liable if They Cause an Accident in My Car

Another common question we hear is whether the driver will be on the hook legally and financially if they cause a serious accident in your vehicle. The straightforward answer here is yes - the at-fault driver bears primary liability in most crashes. Their insurance should cover associated costs like medical bills for injured parties and car repairs.

Technically, liability rests with the at-fault driver personally. So, if their insurance payout doesn't fully cover all accident-related expenses, the driver could owe you money out of their own pocket.

An exception would be if you, the vehicle owner, displayed negligence by lending your car to someone incompetent or unfit to drive, such as knowingly providing your car to someone without a valid license. We'll explore this in more detail shortly.

Bottom line - the person driving the car is typically liable for any accident they cause, even if it's in someone else's vehicle. Their insurance should provide compensation, but if not, a car accident lawyer may need to take legal action to recover owed damages from the at-fault driver themselves.

When Could a Vehicle Owner Face Liability

While less common, there are situations in which courts have deemed a car owner negligent for lending their vehicle to someone. If that driver then gets into an accident, the owner shares some legal liability.

Potential grounds for vehicle owner accountability include:

  • Allowing an intoxicated, distracted, or otherwise incompetent driver to use your car
  • Lending your car to someone you know has a terrible driving history
  • Giving keys to an unlicensed or underage driver

Essentially, if you demonstrate negligence in entrusting your vehicle to an unsafe, unqualified driver - and they cause a crash as a result - their irresponsibility transfers back to you. Both the driver and vehicle owner could face liability for injuries and damages.

Pro Tip: Document details any time you allow another person to drive your car. Note the date/time, driver's full name and contact info, license confirmation, etc. Also, take photos showing the vehicle's condition before handing over the keys. This evidence becomes crucial if an accident occurs to show due diligence on your part.

Who Pays for Injuries if Someone Else Wrecks My Car

After a collision with your vehicle driven by someone else, accident victims will likely make injury claims under several insurance policies:

  • The at-fault driver's auto liability coverage
  • Your liability coverage since it was your car
  • The injured party's own underinsured motorist coverage
  • Potentially the vehicle owner's umbrella or excess liability policy

An experienced attorney helps victims recover compensation for both economic and non-economic accident damages. Economic losses include medical treatment, lost income from work absences, property damage, and other emotional impacts. Non-economic claims address pain and suffering, loss of enjoyment of life after disfigurement or disability, and other emotional impacts.

If insurance payouts don't fully cover the value of an injury claim, your attorney can pursue legal action against the driver personally. In rare cases where the vehicle owner displayed negligence by lending to an irresponsible operator, they may share financial accountability as well.

The bottom line is that an at-fault driver should pay for injuries out of their insurance or assets. However, an attorney explores all options to get maximum compensation for car accident victims.

Could I Be Sued if Someone Else Crashes My Car

It's possible but unlikely you'll face a lawsuit when another driver wrecks your vehicle. Remember, legal liability rests primarily with whoever caused the collision. You lent them the vehicle but didn't directly contribute to the events leading to the accident.

Yet in a worst-case scenarios, the injured party's attorney may take aim at the vehicle owner if:

  • The at-fault driver's insurance won't fully cover claimed losses
  • The driver carries minimal assets leaving them "judgement proof"
  • Evidence shows the owner displayed negligence in lending their car

Even then, legal action would likely target your insurance policy more than your personal assets. But an aggressive lawyer leaves no stone unturned in pursuing maximum compensation for their client.

Having experienced legal counsel in your corner helps deflect any allegations of liability stemming from lending your vehicle. Your attorney's demands for evidence and flaws in their argument could cause the other party to abandon or settle any potential lawsuit against you.

Steps to Take After an Accident in Your Loaned Vehicle

If someone wrecks a car you own, what should you do? Follow these tips to make sure your rights are protected:

Gather Information at the Scene

Ask the driver to document critical details onsite--get contact info for everyone involved, take photos of vehicle damage and injuries, look for surveillance cameras nearby that may have footage, etc. If you were not present during the accident, thoroughly interview your friend or family member who was driving about how the crash occurred.

Report It Immediately

Per state law, you or the driver should call the police right away. The responding officer creates the official crash record and cites probable cause. Their account forms a key piece of evidence if injuries or disputes arise later.

Review Your Policy Provisions

Every insurance policy differs in detailed provisions around use by non-covered operators. Check to confirm your friend should be covered and if so, how it may impact your premiums going forward. Retain a copy of your full policy in case proof is needed later.

Talk to An Experienced Car Accident Attorney

An attorney gives vital guidance on proper handling to protect you both legally and financially. They can assess fault, preserve the right to damages, and recommend claiming against the correct policies. Their counsel eases the process so you avoid missteps against your own interests.

Our Las Vegas Car Accident Attorneys Are Here to Help

When someone borrows your vehicle and gets into an accident, the aftermath can become overwhelming and confusing. Questions spin around insurance coverage, total damages, injury claims, police reports, potential lawsuits, and more.

You shouldn't have to figure it all out alone. The experienced team at Benjamin Durham Law Firm simplifies the process for Las Vegas car accident victims and vehicle owners. Let us put our years of legal experience and proven success record to work for you. We tailor counsel based on your unique circumstances to protect your best interests.

To start your path to fair recovery after an accident involving your vehicle, request a free case assessment today at (702) 793-2326. Our effective legal team has your back.



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