Whether you needed someone to run a quick errand, asked a friend to be a designated driver, or some other situation where someone else was driving your car and they ended up getting into an accident, you may be wondering who is responsible for it.
Car accidents and liability can be complicated, especially in cases where a driver is not the owner of the vehicle and caused severe damage or injury. To protect yourself and your rights, you can take legal action by enlisting the help of a lawyer.
For victims in the Jersey City area who were the car owner during an accident where someone else was driving, you can schedule a consultation with a lawyer.
Am I Liable if Someone Else Crashes My Car?
Legal liability for car owners in this situation depends on a number of factors, most of which depend on the specific type of car insurance and collision coverage available for the car owner and the driver who was part of the accident.
If the person driving your car was an excluded driver, meaning someone who is not covered under permissive use car insurance, they may have to rely on their own personal liability insurance.
If the extent of the damages exceeds your policy limits of the primary insurance, and the excluded driver is insured, theirs can act as secondary insurance to cover the remaining damage. This is only if the driver had permissive use, and you had not negligently entrusted them.
In the case of negligent entrustment, which occurs when the car owner entrusts their vehicle to someone unfit to drive (e.g. without a license or permit, drunk driving, or medically unfit), the registered owner may be responsible for the damages.
If the car was stolen or any other case of non-permissive use, the owner is not typically responsible for any of the damage, as comprehensive coverage will reimburse you.
For a car accident with no one else involved, such as a single-vehicle accident, the one driving the vehicle could be liable, even with permission.
Other cases, like hiring a driver to use a car, truck, or van for business purposes would be covered under commercial auto insurance or commercial property insurance.
A Jersey City car accident lawyer and insurance agent can investigate the accident and review your insurance policy to help you understand what may or may not be covered in your plan.
What if the Driver Doesn’t Have a Valid Driver’s License?
In the case of a student or under-age driver who doesn’t have a valid driver’s license and gets in an accident driving someone else’s car, the parent or driving instructor may be partially liable.
If the driver was unlicensed uand the car owner knowingly lends them the car without supervision, this could also be considered negligent entrustment.
In this event, your insurance may not cover all of the damages, including repairs, medical bills, and lost wages, and the other parties involved could be able to sue you. Your insurance premiums may also increase as a result.
Who Pays for the Damages to My Car?
Following a car accident, there can be all sorts of mayhem and damages to consider, and one can expect an increase in insurance rates and other fees. Medical expenses, workers’ compensation, vehicle repairs, property damage, and therapy are all calculated into insurance settlements so victims may not have to pay out of pocket.
There may be some cases when the car owner does have to pay for some of the damages via their insurance deductible, which is an amount the policyholder has to pay before the insurance company chips in. For car insurance specifically, deductibles are paid through each separate claim.
A common auto insurance myth is that drivers with personal injury protection (PIP) are covered for every type of loss. In actuality, if there is no uninsured motorist coverage and the excluded or at-fault driver is uninsured or underinsured, the driver may still have to pay for some damages.
So, in the case that the driver was unfit to drive and you negligently entrusted, or they were the ones responsible for the accident, it may not be completely covered by your insurance policy. For the uninsured driver, the car owner can still be liable and have to cover some of the costs.
However, if another driver had caused the accident due to negligence, your insurance may cover the damage, and with the help of a lawyer, you can file a lawsuit against the negligent driver.
What Should I Do After Someone Else Crashes My Car?
In the immediate aftermath of a car accident, it’s best to make sure you and everyone in the car is safe and assess if they are injured. Seeking medical attention and reporting the accident to authorities should be done as early as possible.
Gathering information will also be important. You’ll need to collect the contact information of the other drivers involved as well as their license plate number and insurance.
Documenting the scene by taking photos and videos is also highly recommended and will be useful when reporting it to your own insurance company and consulting an attorney. Talk with eye-witnesses who saw the crash happen, as their witness statements will be important later on.
Fill out a police report with the authorities, as failing to do so could create other legal problems down the line. Finally, contact and learn what legal options you may be able to take next.
What if the Accident Was not Their Fault?
Have you asked yourself, “What happens if someone crashed into my car when I wasn’t the one driving?” The case may play out similar to a personal injury case, as the at-fault driver would still be liable for the damages in the case, so your insurance would still cover the accident as long as there was permissive use for the driver of your vehicle.
On top of that, if the other person driving your vehicle has their own personal liability coverage, it could pick up any extra costs not covered by your deductible. If damages still exceed this coverage , you both may have the right to sue the negligent driver to claim compensation.
Contacting a lawyer can help you file an insurance claim and get back on the road to recovery.
When Do You Pay a Lawyer After a Car Crash?
Most personal-injury lawyers operate on a contingency fee basis, meaning that they only get paid if they win your case. Most contingency fees make up 33%-45% of the total settlement, but no upfront costs to the victims who are likely still recovering both physically and financially from the aftermath of their accident.
Contingency rates vary, schedule a consultation to learn what to expect to pay your lawyer after the case.
Contact An Experienced Lawyer For Legal Help
If you are a car owner whose friend got in an accident while driving your car, contact a lawyer to take the next steps and get the legal help you need.
At Omni Injury and Accident Law, our lawyers have years of experience in handling insurance claims, even complex ones involving entrusted drivers. We have a client-based approach to every case, and a proven track record for winning settlements. For legal help, speak with a lawyer at Omni Law today!