What Happens If Someone Else Is Driving My Car And Gets In An Accident?

What Happens If Someone Else Is Driving My Car And Gets In An Accident?

It makes sense that if another person is driving your car, they would be responsible for any damages incurred while driving it. 

However, the truth is that should this person be in a car accident, liability can default to the insurer of the owner of the vehicle and not the driver. Therefore, the vehicle owner’s insurance company will be responsible for paying the claim. If you are in need of help sorting out this type of challenging scenario, contact a car accident lawyer in Kansas today.

What happens if the person driving my vehicle is in an accident with another driver and is at fault?

In most cases, your insurance will be responsible for covering damages for a car accident when someone else drove your car. This is true in most states. Depending on insurance coverages in your policy, your insurer may be responsible for the following:

• Collision coverage: You may be able to recover the cost of vehicle repairs after paying a deductible toward that amount first.
• Medical payments coverage: If the driver of your vehicle was injured and incurred hospital bills, this coverage may be able to cover the costs. 
• Auto liability coverage: Your insurance policy would cover the cost of medical bills and the damaged vehicle of the other driver, but not the same costs for the driver of your vehicle.

What is the difference between permissive and non-permissive use?

Whether or not you gave the person who used your car permission to use your vehicle or not is a key point in determining if your insurance will become a part of the claim. 

Permissive use

If you gave the person driving your car permission to use your vehicle, then your insurance will cover this driver in the event of an accident. (In most cases, it will also cover individuals you list on your policy.)

Non-permissive

If someone drives your car without permission and they get into an accident, then your insurance will not be required to cover damages. Instead, the insurance company of the driver who took your car will be considered the primary insurance provider. 

If this person doesn’t have insurance, however, you may have to file a claim with your insurance company to cover the cost of damages to the other vehicle. 

Does the insurance of the driver of my car ever contribute to damages?

Say your insurance covers damages from a permissive driver who is in an accident. Damages are $50,000, and your insurance stops at $20,000 in coverage. Then the injured party may request the remaining balance from the insurance company of the driver of your vehicle.

Another example is if damages cost $5,000 and your insurance company covers the entire amount. They may still ask the insurance company of the driver of your vehicle to recoup some of the costs based on each individual’s insurance policy and state requirements.

Set Up A Personal Consultation with a Kansas Car Accident Lawyer Today

If your car has been in an accident and another person was the driver, or if you were the driver of another person’s car and have been in an accident, a car accident attorney may be able to help. Contact us today for a free consultation at (620) 241-9000 or (888) 381-1155.