What If I Lend My Car to Someone and They Get into an Accident? (2024)

Lending your car to someone and facing the aftermath of an accident can be a complex and often confusing situation. The nuances of insurance coverage, liability, and the circ*mstances surrounding the accident can greatly impact the claims process. Whether it’s a family member, a friend, or even someone who stole your car, understanding who is responsible for damages requires careful consideration.

No matter the circ*mstances, the team of personal injury attorneys at the Law Office of Cohen & Jaffe, LLP is here to help you navigate through these complexities and ensure you receive the compensation you deserve.

The Circ*mstances of the Accident Will Dictate Who Pays for Damages

The following factors will determine if you are liable:

You Gave Your Family Member or Friend Permission to Borrow Your Vehicle

In most instances, they will be covered by your insurance policy if the use of the vehicle is truly permissive. If you did not give permission, such as in the case of auto theft, it’s possible that you might not be liable for damages.

Your Family Member or Friend Who Is Part of Your Household

You will want to check your insurance policy, but generally, anyone living in your house will be covered when driving your car unless they are expressly excluded from your policy. If they are explicitly excluded from your policy, your insurance will likely not cover the accident, and you might have to pay for damages out of your pocket.

You Lend Your Car to an Impaired or Unlicensed Driver

You may be sued for damages if you let someone without driving privileges or an intoxicated person drive your vehicle and they cause an accident.

The Damages Caused Exceed Insurance Limits

You may have to pay for damages out of your own pocket if they exceed your insurance policy limits or if the driver does not have insurance to cover the excess. In this case, you could rely on your uninsured/underinsured (UM/UIM) motorist coverage.

This type of insurance is an optional plan you could have selected when you first retained car insurance. It can cover the medical bills up to policy limits, as well as pain and suffering.

Understand Your Car Insurance Coverage

It is important to note that New York is a no-fault insurance state, so your insurance covers the insured driver’s medical expenses, lost wages, and other incidental expenses, no matter who is at fault for the accident.

In most cases, your auto insurance policy will follow your car, not the driver, so if your friend or family member borrows your car and gets into an accident, your insurance will be the primary coverage that will apply.

However, what actually is covered will depend on the facts and circ*mstances of the accident. Make sure you understand your insurance policy, including what is covered and the policy limits. While the best way to avoid any liability is to not lend your car to anyone, if you must, use discretion and caution when deciding who can drive your vehicle.

If the Other Driver Was at Fault for the Car Accident

In the event the losses go over the policy limits, you can hold the other driver responsible if they are deemed negligent. To establish negligence, we would have to prove these four elements:

  • A duty of care: The other driver was to act in accordance with the traffic laws to keep other road users safe.
  • Violation or breach of duty: The other driver didn’t live up to the duty of care they owed you. They could have driven while drunk, fatigued, or distracted.
  • Causation: The other driver’s negligence caused an accident.
  • Damages: You and the person driving your car face economic and non-economic damages.

The driver of your vehicle can give their account as to what happened, but that is not sufficient enough to show the insurance company that they are entitled to compensation. In that case, you might want to gather evidence like the crash or medical reports, photographs of the injuries the driver of your vehicle sustained and the accident scene, video surveillance, and other people’s testimonies.

Contact an Experienced Car Accident Lawyer Today

If someone else was driving your car and got in an accident in New York, consider consulting a car accident attorney on our team right away, as you may be liable for damages that you personally did not cause. Our attorneys can thoroughly investigate the accident, your friends’ insurance, or the other parties’ insurance coverage to ensure you are not unfairly held liable for any damages.

Call the , at (516) 358-6900 or complete our contact form to learn more about what we can do for you. For your convenience, we are available 24/7. Let our Long Island personal injury attorney help you put your life back together.

What If I Lend My Car to Someone and They Get into an Accident? (2024)

FAQs

What If I Lend My Car to Someone and They Get into an Accident? ›

Liability Laws in New Jersey

What happens when you lend someone your car and they get into an accident? ›

In most cases, your auto insurance policy will follow your car, not the driver, so if your friend or family member borrows your car and gets into an accident, your insurance will be the primary coverage that will apply.

How does insurance work if you borrow someone's car? ›

In general, when you borrow a car, you borrow car insurance, too. Insurance typically follows the car, not the driver. That means if you are involved in an accident while driving someone else's car (not on your insurance policy), the owner of the car will probably be held responsible for any financial damages.

What are the risks of letting someone borrow your car? ›

It is a liability risk, therefore, to let an uninsured person borrow your car. If you have collision and comprehensive insurance to repair your vehicle's damages, your premiums could increase for seeking benefits even if you did not cause the crash.

What to do if my friend dented my car while borrowing? ›

Although your friend was driving, insurance follows the vehicle. Therefore, your vehicle's personal auto insurance will help cover the damage to both vehicles. Subject to a deductible, your policy's collision coverage will provide payment for the damages to your vehicle.

Am I liable if someone borrows my car and gets in an accident in California? ›

Because California is an at-fault state, any driver who is declared at fault for a car accident must pay for the victim's injuries and property damage. So, if someone borrows your car in California and is injured in an accident they didn't cause, you'll need to file a claim with the at-fault driver's insurance company.

What happens if someone else is driving my car and gets in an accident in SC? ›

If someone borrowed your car, and caused a car wreck with injuries, the auto insurance coverage typically follows the vehicle rather than the driver. This means that your — the car owner's —insurance is generally the primary coverage in the event of an accident.

Would you let a friend borrow your car? ›

"Don't be cavalier about lending your car," adds Salvatore. "If you know someone isn't a good driver, think twice about giving your permission. Any crash they're in could go on your insurance record."

What happens if a driver is not listed on an insurance policy? ›

Excluded coverage: If a driver in your household has been explicitly excluded from coverage, they will not be protected by the insurance policy in case of an accident. This means that if the excluded driver is involved in a wreck, the insurance company is not obligated to cover any damages.

Can I let my friend drive my car Geico? ›

Roommates who live in your household and regularly operate your vehicle should be added to your policy. Friends can be added to your policy if they regularly drive your vehicle.

How do you safely let someone borrow your car? ›

Although you should check your individual policy, usually, you can let your friend drive your car without violating your coverage. As long as you give the person permission and they only drive the car occasionally, there shouldn't be an issue. Accidents, however, can happen anytime.

Why shouldn't you let someone else drive your car? ›

If someone is in an accident while driving your vehicle, you could be put in a difficult situation. Your premiums could go up. You could even be named in a lawsuit over property damage or injuries resulting from the incident. Make sure someone is a trustworthy driver with a good record before giving them the keys.

What is a key thing you should do before lending your car to a friend or family member? ›

Before lending your car to a family member or friend, make sure they have a valid driver's license, that you have checked their driving history and abilities, and that you have copies of the registration and insurance policy located in the car.

What happens if my friend borrowed my car and got into an accident? ›

This means that if your car is insured, then you will be responsible for covering the accident — whether or not the person driving your vehicle is also insured under their own policy. If your insurance policy does not include collision coverage, damages to your car will not be covered.

What to do if someone leaves a dent on your car? ›

If your car gets dented, it's essential to contact your insurance company as soon as possible. While many insurance companies will cover the cost of repairs, there may be some circ*mstances in which you are responsible for paying a deductible.

What happens if someone else is driving my car and gets in an accident in Florida? ›

In Florida, vehicle insurance follows the car, not the driver. This fundamental aspect of Florida insurance law means that if you lend your car to a friend or family member and they are involved in a crash, your insurance is the first to be called upon to cover damages.

What happens if someone who isn't on your insurance crashes your car in California? ›

You regularly allow a family member or friend to drive your car, but they aren't named on your auto policy. If this person gets in an accident while driving your car, your insurance company will likely deny your claim, leaving you liable for the damages.

Is California a no-fault state for car accidents? ›

No, California is not a no-fault state for auto insurance. California is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.

What happens if you let someone borrow your car and they get in an accident in NC? ›

Does insurance 'follow' the car or driver in North Carolina? This question often arises when the at-fault driver is driving someone else's car. The short answer is that under North Carolina law, insurance follows the car not the driver.

Is the registered owner of a car liable for an accident in California? ›

California operates under the permissive use law. California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner ...

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