If you allow another person to drive your car and they get into an accident, you may be wondering if you can be held liable for any resulting damages. The answer depends on certain factors, but generally, your car insurance will provide coverage if someone else crashes your car.
However, there are some exceptions, such as if the other driver did not have permission to operate your vehicle. Understanding how liability works in these situations can help you make sure you have adequate protection.
How Does Car Insurance Work When Someone Else Drives Your Car?
In Illinois, car insurance follows the vehicle more than the driver. This means if someone else gets in an accident while driving your car, your insurance would typically cover the damages up to the limits of your policy.
For example, if your friend borrows your car and crashes into another vehicle, your liability coverage would pay for personal injury claims from the other driver as well as repairs to the other car. Your collision coverage would pay for damage to your own vehicle.
So, even though you were not driving at the time, your car insurance covers the accident because it happened in your insured car. Your insurance rates could potentially increase after a claim, but your policy would provide protection.
The At-Fault Driver May Have Secondary Liability
In the situation above, where your minimum insurance does not fully cover the damages, the at-fault driver may face secondary liability through their own car insurance policy.
Your car insurance acts as primary, but if losses exceed those limits, their coverage could kick in to handle the remaining costs associated with the accident. Their insurance would not pay anything until your insurance limits are reached.
Having this secondary insurance from the driver who caused the crash protects you from paying massive out-of-pocket costs. Their insurance helps cover what yours does not.
Exceptions Where Your Insurer May Deny Claims
However, there are some times when your insurance carrier may refuse to pay accident claims when someone else drove your car. Common scenarios include:
- Someone driving your car without your permission. If your car was stolen and the thief causes an accident, your insurance company will not cover it.
- Letting someone specifically excluded from your policy drive. If you removed your high-risk teenage driver from your policy to lower rates, but then let them drive and crash your car, your insurer could deny that claim.
- The driver does not have a valid license. Your insurer is not obligated to pay an accident claim if the person driving your car did not have a driver’s license.
- The person was driving under the influence. If the driver causes an accident while drunk or impaired in your vehicle, your insurance may not cover their irresponsible behavior.
How to Prove You Gave Someone Permission to Drive
It can be challenging to prove you gave permission for someone to drive your car. Having a detailed record showing specifically who you are allowed to drive your vehicle and when can be critical if an accident occurs.
I recommend taking basic steps to document granting permission, such as:
- Keep copies of texts or emails indicating you allowed them to borrow your car.
- Have them sign something in writing that acknowledges you let them drive your vehicle.
- Make a dated video recording of them driving off in your car with your permission.
Taking just a few minutes to create some written record can prevent major headaches down the road if there is ever uncertainty about who had permission to drive your car.
Steps to Take After an Accident in Your Car
If someone crashes your car, here are key steps to take:
- Report the Accident. Make sure the driver files a police report to create an official record. Get a copy of the report.
- Document Evidence. Take photos of damage, injuries, skid marks, and the overall scene. Get witness statements, too.
- Contact Your Insurance Company. Report the accident to your insurer promptly, even if you were not in the vehicle yourself.
- Consult an Attorney. Speak to a car accident attorney before providing any recorded statement to insurance companies. Understand your rights.
- Review Your Policy. Check your coverage limits and what claims your insurer may cover or deny related to the accident.
- Seek Compensation. If the at-fault driver has insufficient coverage, consult a lawyer about pursuing injury claims beyond insurance payouts.
By taking proactive steps, you can make sure anyone who borrows your car and causes an accident is held fully responsible for damages. An attorney can help maximize compensation.
When Can You Be Liable if Someone Else Drives Your Car?
In general, the at-fault driver bears responsibility for a car accident. But in certain scenarios, the vehicle owner can also face liability, such as:
- You allowed an excluded, unlicensed, or impaired driver to operate your car
- You did not properly maintain your vehicle, leading to a mechanical defect that caused or contributed to the crash
- You entrusted your car to someone you knew to be high-risk or irresponsible
- The driver at fault did not have insurance, so you become responsible for damages by default as the vehicle owner
An experienced car accident lawyer can examine the circumstances of your case to advise if any liability concerns apply to you. Do not assume you cannot be held financially accountable if someone else was driving at the time of the accident.
How Can a Car Accident Lawyer Help?
After any auto accident, it is wise to consult an experienced car accident attorney. They can help make sure your rights are protected if someone else was driving your vehicle. Specifically, an attorney can provide assistance with:
- Determining liability. Establishing who was at fault and should be held responsible for damages.
- Negotiating with insurance companies. Fighting for full and fair claim settlements from insurers.
- Filing a lawsuit. If needed, sue the at-fault driver directly to recover the complete cost of injuries and losses.
- Exploring all sources of compensation. Seeing if any other insurance policies could cover accident costs.
An attorney understands the nuances of insurance claims and accident liability. They know how to build a strong case proving the other driver’s negligence caused your injuries and damages. Their legal knowledge can be invaluable after any car crash.
Let Us Help If Someone Else Crashed Your Car
Dealing with a car insurance claim after someone else crashes your car can get complicated. To make sure you receive full and fair compensation for your damages, contact an experienced car accident attorney serving injured vehicle owners in Illinois.
The attorneys at Onward Injury Law can get through the claims process efficiently and obtain the maximum recovery amount you rightfully deserve.
Schedule a consultation to discuss your situation and legal options.
