When the car owner is behind the wheel and crashes the vehicle, their insurance can cover the damages. But what if someone else drives your car and gets in an accident? Are you responsible? Knowing where responsibilities lie in this situation can help you avoid legal issues and insurance battles in the future. Can someone drive my car and be covered on my insurance? The law requires the insurance policy to cover any person using the vehicle “with expressed or implied consent of the named insured.” In case the person who borrowed your car has their own insurance, that policy would provide coverage on top of your own. That comes in handy when damages exceed your policy’s limits. Accordingly, an uninsured person driving an insured vehicle is covered by the car owner’s policy. However, the coverage only works if the owner gives his or her permission to the driver. What happens if the driver goes beyond the permitted area? Let’s say you gave your friend permission to drive your car to work and back. However, they decide to drive to their mother’s house in North Carolina. If your friend gets in an accident when they are beyond the permitted driving area, your insurance may not cover the damages. Meanwhile, even if the driver has their own insurance, it may not cover them either. Once they are out of the permitted area, the insurance could stop working. That’s why it’s imperative to be clear about the permission limitations. When you give consent, make sure the driver understands when and where they can drive your car. What happens if someone else is driving my car and gets in an accident, which isn’t their fault? But will insurance pay if the driver is not on the policy? Let’s say you gave your friend permission to drive your car. He or she got in an accident, which isn’t their fault. In this case, the other driver’s insurance is responsible for covering accident-related damages. FYI: In “no-fault” car insurance states, the coverage works differently. If you permit another driver to use your car, and an accident occurs, you have to file a claim with your own insurance company. Your policy covers the majority of medical bills, property damages, and other expenses. However, if losses reach a certain threshold, you can make a claim against the at-fault driver. What if my friend let someone else drive my car? When you permit someone to drive your vehicle, you automatically allow them to transfer it to others. Your insurance covers losses (medical bills, property damages, etc.) stemming from the accident as long as you give the initial permission. What happens if the friend’s friend drives beyond the permitted area? Then the coverage may not work. It’s up to the owner to explain such limitations to the driver in detail. FYI: Eight states allow the insurers to reduce coverage levels if the driver isn’t on the policy. They are California, Colorado, Michigan, Missouri, Ohio, Oklahoma, Pennsylvania, and Washington. What happens if a friend wrecked my car and didn’t have insurance? Once your collision insurance limit is up, the friend’s auto insurance can step in. For example, the total damage to your vehicle is $20,000. Your insurance limit is only $10,000 while your friend’s limit is $25,000. Your insurance pays $10,000. The remaining $10,000 is covered by your friend’s policy. Your auto insurance company could cover the entire amount and then seek reimbursement from your friend’s company. However, if your friend doesn’t have auto insurance, you are in a tough situation. The remaining $10,000 will become your responsibility. That’s why it’s imperative to be careful about lending your car to an uninsured driver. A friend borrowed my car and doesn’t have a license. What happens if they get in an accident? It’s important to understand that driving without a license doesn’t automatically make an accident with your friend’s fault. If another driver is responsible for the accident, his or her insurance should cover it. In the event your unlicensed friend causes an accident, your auto insurance can still cover the damages. Unfortunately, an unlicensed driver is unlikely to have auto insurance. So if damages are formidable, you may be stuck covering whatever your insurance can’t handle. If your friend doesn’t have a driver’s license, your insurance still works. However, it’s illegal to permit a person to drive your vehicle without a license. According to Virginia Code § 46.2-301.1(E), allowing an unlicensed driver to use your vehicle is a misdemeanor. You could be facing up to 12 months in jail and a $2,500 fine. To avoid punishment, you would need to prove that you didn’t know that the person was unlicensed. FYI: Penalties for allowing an unlicensed person to drive your vehicle vary from state to state. In some states, you could also get your own license suspended. What happens if a friend driving my car left the scene of an accident? If your friend leaves the scene, your insurance can still cover the damages, according to the liability limits. You aren’t going to be held responsible for your friend’s criminal actions. Can someone drive your car if they are not on your insurance without rates going up? Let’s say you gave your car to a friend. They caused an accident. Your insurance still has to cover medical bills, property damages, and other losses. It doesn’t care who is behind the wheel if it has to pay out a claim. So rates go up. If the accident isn’t your friend’s fault, the insurance company can’t raise the rates. However, when it finds out that you are lending the vehicle to other people, it could simply refuse to continue the collaboration regardless of who is at a fault. Knowing the law is vital to making important decisions about lending your vehicle. Unfortunately, not all car owners and drivers understand the importance of their responsibilities. If you’ve been injured by an uninsured or unlicensed driver, give us a call. At Joel Bieber Law Firm, we can protect your rights. Does a speeding ticket follow the car or the driver? My cousin received a speeding ticket when she borrowed my car. She said she would pay for it but I am a little nervous that she won't. If she doesn't pay for it, who will get in trouble: me or her? “Don’t worry; moving violations follow the driver, not the car. So you are in the clear! When the officer pulls someone over for speeding, they check the driver’s license and run their driving report in their system. A ticket is associated with a license number, not with any of your vehicle information. Make sure your cousin is aware that she is fully responsible for her ticket. Failure to pay a speeding ticket will result in:
Your cousin will likely see her car insurance rates increase. Speeding tickets go on the driving record, and come time for policy renewal, her insurance company will likely pull her driving report to help them recalculate her rates. It’s standard practice, but it won’t help your cousin. If she complains about high insurance rates, recommend the Jerry app to her. Jerry compares rates from the top insurance companies and delivers the best deals to her phone in minutes. And the best part–it’s free.” WHY YOU CAN TRUST JERRY Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content. |