Your Friend Borrowed Your Car And Got Into An Accident– Now What?
If you own a truck, you know first hand how often friends and family will ask to borrow it. We all love to do favors but what happens when something unfortunate takes place, such as a car accident or personal injury? Are you or your insurance company responsible, even if you weren’t in the vehicle at the time?
A lot of factors go into a case like this and all the specifics will determine who is responsible. For example, did your friend have permission? Were they unfit to drive or impared at the time? What type of insurance coverage do you have? The best way to get more information is to contact an experienced car accident attorney in Philadelphia. They’ll have knowledge and expertise to answer your questions, address your concerns, or protect your case if needed.
Did Your Friend Have Permission To Drive Your Vehicle?
If someone borrows your car with permission and gets into an accident, the damages will be covered under your auto policy the same as if you were driving. Auto insurance policies technically follow the vehicle, not the driver. That being said, if the extent of the damages exceeds your policy coverage, the driver’s insurance company will be liable to cover any of the remainder. This is called,
This also means, claims against your insurance policy will cause your premiums to go up. For this reason, always be cautious about who you let borrow your vehicle. Ultimately, unless your vehicle was stolen, or you file charges against the driver, you or your insurance company are responsible for any accident related injuries or damages.
There are a few catches to this scenario, however. First, if the driver was impaired or unfit to drive in any way, you will be held responsible for all accident related injuries and any claims to your insurance company will surely be denied. Second, if the driver was unlicensed, you will also be held personally responsible. Lastly, if the driver is a member of your household who regularly uses your vehicle but is not listed on your policy, any claims made to your insurance company to cover accident related injuries or damages will also be denied.
This is also the case for if the driver was breaking any laws at the time of the accident. For example, if the driver was under age and driving alone past 11pm, if they were distracted or texting and driving, or under the influence. In all these cases your insurance company will deny any claims and you will be responsible unless, unfortunately, you file charges against the driver.
What If Your Friend Didn’t Have Permission Or If Your Car Was Stolen?
In the case your vehicle was stolen or taken without your permission, the situation changes.
If someone borrows your car without permission you’ll first have to prove it, which can be tricky especially in the case of roommates and others living in your household. If you can successfully prove someone took your car without your permission, then they and their insurance company will be financially responsible to cover the damages.
If your car was stolen and involved in an accident, you will not be on the line for the damages or injuries it caused. That being said, any damage caused to your vehicle would only be covered under your comprehensive plan option – if you have it. Comprehensive collision cover is not required in any state, so in this case, it would come down to your specific plan and plan limits.
Letting your friends and family borrow your vehicle can be a huge risk, especially when it comes down to who is at fault and who has to pay the damages. It can get exceptionally messy if you have to press charges or if someone has to pay out of pocket. Always confirm with whoever is borrowing your vehicle that they are fit to drive, licensed, insured, have a clean record and are not under any influence before they drive away.
If you need help with a case like this, or any accident or injury case, always call a local and experienced lawyer.