Are you the kind of person who would give a family member or friend permission to drive your car? It’s an incredibly generous act, one that you may have done many times before when your friend’s car was in the shop. However, when a car accident occurs and someone else is driving, it may make you wonder how to handle your insurance claim and who is responsible.
At Caputo & Van Der Walde, we are a San Jose personal injury law firm with experience in representing car accident cases. Our familiarity with California law on these matters involving insurance can be a tremendous asset in the legal process. In this informative article, we share our knowledge on what happens if someone else gets into a car accident in your vehicle as well as how an experienced car accident attorney can help.
Requirements for Car Insurance Coverage in California
The laws in California require every driver to have auto insurance coverage. This includes liability coverage for property damage of at least $5,000. Bodily injury liability insurance must also be part of your auto insurance policy at a minimum of $15,000, and your auto insurance policy needs to include at least $30,000 total per accident.
An insurance policy needs to be in place in the event of an auto accident. You may know what to do if you get into a car accident, but what about when there’s another person driving your car? Ultimately, this will depend on which driver was the at-fault driver.
Understanding the Role of Fault in a California Car Accident
In car accidents in this state, the driver who caused the car crash will be responsible for paying for the financial damages. If the accident happened because of the other driver, you may have less to worry about if someone else was driving your car.
California uses a fault-based car insurance model as well as a pure comparative negligence model. Simply put, this means that even the victim may share some fault and would have their percentage of fault reduce the amount of their accident claim.
If your friend or any family members get into an accident while behind the wheel of your vehicle, liability will also take into account whether or not they had driver’s permission. California’s laws on insurance coverage mean that the car insurance will follow the vehicle, no matter who is driving it. This will depend on whether or not they had permissive use or non-permissive use.
In situations where permissive use was granted, you allowed someone else to drive your vehicle even if they were not on your primary insurance. Your own insurance company’s collision coverage would kick in and cover the damages up to your policy limit if they were the one to cause the crash.
Even though you gave permission for them to use your own vehicle, you will face potential consequences, such as increased car insurance rates and insurance costs. These may be applied by your insurance provider even if the person you permitted to drive your car was not at fault.
As for non-permissive use, in this scenario, you did not grant permission, but your car insurance company may not cover this accident. You could also face potential liability for car accidents caused by a driver who is using your vehicle, even if you did not give them your permission to drive it. If your friend was an unlicensed driver, or engaging in illegal activities or certain motor vehicle violations, you as the car owner could be held liable. If you are currently in this situation, whether you gave permission or not, it is wise to speak with a car accident attorney who can provide legal insights on the specifics of your case.
What to Know About the Insurance Company and Coverage for Borrowed Cars
You should know if your insurance claim is covered even if someone else drives your vehicle. Auto insurance companies and their specific coverage will vary. If a person borrowed your car and you had comprehensive coverage, they may be covered in this auto accident up to the limits. Your coverage for liability also works similarly, though your friend’s insurance should be used as secondary coverage when your limit is reached.
What Steps Should I Take If Someone Gets in an Accident While Driving My Car?
As the vehicle owner, it is critical that you take the right steps from the start. At the accident scene, the person driving your car must call the police to report the crash. If they caused damage to someone else’s vehicle, they may be issued a citation for causing the accident. The police report will detail what happened, though it is wise to make sure photos and videos capture all the evidence of the vehicles involved. You may need it for a personal injury claim if the other driver caused property damage and injuries so they can be held liable.
The police record of the accident is one important piece, though medical care should be issued for injuries sustained in the crash. After these steps, securing legal representation is imperative, particularly in these situations. You may have someone specifically excluded in your policy. When someone borrows your car and gets in an accident that causes vehicle damage or injuries, the legal damages could fall on your shoulders. This is especially true if you let a teenage child drive your car when they are not on your insurance. Many drivers only have the minimum required coverage permitted by the state, which may mean medical bills and other damages would come out of your pocket.
Before you loan out your car, it is always best to fully understand what your car insurance covers. Insurance on your car may not always be enough in these types of accidents. You can find help understanding your insurance and its limitations by sitting down for a free consultation with the attorneys at Caputo & Van Der Walde, LLP.