What Happens if Someone Else is Driving My Car and Gets in an Accident?

Owning a car comes with various responsibilities, including ensuring that it is properly insured. But what happens if someone else crashes your car? At Wade Law in Fayetteville, Georgia, we often receive questions from clients about liability and insurance coverage in such situations. Understanding whether auto insurance follows the car or the driver, and whose insurance pays in different scenarios, is crucial for navigating these incidents.

An experienced Fayetteville auto accident lawyer will discuss who is liable in an accident with a borrowed car. We believe that understanding your rights as a driver could make all the difference when it comes to dealing with insurance claims and legal disputes.

What Happens If Someone Else Crashes Your Car?

In Georgia, the at-fault driver’s insurance is responsible for paying damages. If the person who borrowed your car is not at fault, the other driver’s insurance company would be responsible. However, what happens if you let a family member or a friend borrow your car and they cause an accident?

If the person driving your car is at fault, your own insurance company pays for the damages.

Does Auto Insurance Follow the Car or Driver?

One of the most common questions is whether auto insurance follows the car or the driver. Most car insurance policies are designed to follow the car. This means that if someone else is driving your car and gets into an accident, your insurance will generally be the primary coverage, regardless of who is behind the wheel.

However, the specifics can vary based on the terms of your car insurance policy and state regulations.

Whose Car Insurance Pays if the Driver Has Permission to Use Your Vehicle?

If someone has permission to use your vehicle and they are involved in an accident, your car insurance policy will typically be the primary source of coverage. This includes liability coverage, which pays for damages and injuries to others if the at-fault driver is responsible for the accident. Here’s how it works.

Liability Coverage

If the person driving your car causes an accident, your liability coverage will pay for the damages and injuries to other parties involved, up to your policy limits. This includes medical expenses, property damage, and legal fees if you are sued.

Collision Coverage

If you have collision coverage as part of your auto insurance policy, it will cover the repairs to your vehicle, regardless of who was at fault in the accident. You will, however, need to pay the deductible before the insurance kicks in.

Secondary Coverage

If the damages exceed your policy limits, the driver’s insurance might kick in as secondary coverage. For instance, if the accident costs more than your liability coverage limits, your friend’s insurance company could cover the remaining expenses.

Policy Limits

It’s important to understand your policy limits. If the accident results in costs beyond what your insurance can cover, you could be held personally responsible for the remaining amount. Therefore, having sufficient insurance coverage is crucial.

Who Pays Someone Else Is Driving Your Car Without Permission?

The situation becomes more complicated if someone drives your car without permission and gets into an accident.

If the person driving your car did not have permission to use your vehicle, your insurance company might deny the claim, arguing that the driver was not authorized. This can lead to significant out-of-pocket expenses for repairs and damages.

In such cases, the at-fault driver’s insurance would be responsible for covering the vehicle damage and injuries caused by the accident. If the driver does not have insurance or their policy limits are insufficient, you might face challenges recovering the costs.

If the unauthorized driver is uninsured, your uninsured motorist coverage (if you have it) might help cover the costs. This coverage is designed to protect you when an uninsured driver causes a crash.

Can I Be Held Liable if Someone Else Is Driving My Car and Gets in an Accident?

If you give someone permission to drive your car and they get into an accident, your insurance company is typically responsible for paying for the damages. This includes property damage and medical bills of people injured in the crash.

According to Experian, you can be held liable if you allow an irresponsible or impaired driver to use your vehicle. You can also be held on the hook for damages if someone regularly borrows your car and you don’t list them on your insurance policy.

When Can Your Insurance Company Refuse to Pay?

There are several situations where your car insurance company may refuse to pay for the damages if someone else drives your car and causes a crash:

• Someone else takes the car without your permission.
• The person driving the car has been excluded from your insurance policy.
• The driver does not have a valid license or is under the influence of alcohol or drugs.

Policyholders can exclude drivers from coverage if those people have bad driving records. However, if you allow an excluded driver to use your car, your insurance provider will not pay for the damages.

What to Do If Someone Borrows and Crashes Your Car

One of the first actions you should take is to consult with a Fayetteville car accident lawyer. An experienced attorney can help you navigate the complexities of insurance claims and potential legal disputes.

Talk to a Car Accident Lawyer

If the person driving your car was not responsible for the accident, a car accident attorney can help you seek compensation from the at-fault driver. Their insurance should pay for vehicle damage and cover lost wages and medical bills if the person borrowing your car was hurt.

Understand Your Insurance Coverage

Knowing the details of your auto insurance policy is essential when someone else crashes your car. Understanding your coverage can help you navigate the claims process more effectively.

Document the Accident

Make sure anyone who uses your knows what steps to take after an accident.

• Notify Police: The driver should report the accident to the police immediately. Make sure to get a copy of the accident report. This is crucial when filing an insurance claim.
• Gather Information: Collect all relevant information at the accident scene. This includes the names, contact details, and insurance information of all parties involved, as well as any witnesses.
• Take Photos: Photograph the accident scene, the damage to all vehicles, and any visible injuries. Photos can provide critical evidence.
• Keep Records: Maintain all documentation related to the accident, including medical bills, repair estimates, correspondence with insurance companies, and any other relevant paperwork.

Call an Experienced Car Accident Lawyer in Fayetteville, Georgia!

With over 70 years of combined experience, the legal team at Wade Law has assisted clients with the most complex cases – including borrowed car accidents.

Remember that time is of the essence when dealing with such a complicated situation. The lawyer must have time to identify the liable parties, file your claim, and negotiate with the insurance company. If they refuse to pay, your Fayetteville accident lawyer must still have sufficient time to prepare your case for court.

If you were injured in a borrowed car accident, reach out to us. We offer each new client a free case review, so call us at to schedule your initial appointment!