Personal Injury Blog Article

A frequently asked question that many of us ask our insurance companies is if our friends or family members can borrow our car. Knowing if you are on the hook for any damages they might incur in case of an accident is equally critical to understand before handing your keys over as well.

The idea that they may become involved in a car accident may be the furthest thing in your mind for many reasons. Maybe they have a stellar driving record, or you generally trust they will cover any damages they are liable for, but this thinking can cost you thousands.

When we purchase our car insurance policies, we assume the coverage is all about us. After all, our rates get affected by our driving history and the vehicles we operate. But, the fact is that insurance follows the car, not the driver.

Regardless of who is driving your vehicle when an accident occurs, your insurance may have to cover the damages incurred. The level of liability you face will depend on the circumstances of the crash and several other variables, including:

● Who is at fault? Despite Florida being a no-fault accident state, your insurance will still care who caused the accident.

● Policy exclusions. If the person driving your vehicle at the time of the crash is an excluded driver on your policy, you could be responsible for damages. Worse, your insurance coverage will likely not cover them either.

● Permission. Another factor that determines coverage of a driver causing an accident with our car is if they had our permission in the first place. This situation usually applies to car theft situations though you would have to go through your insurance to fix vehicle damage. Any accident liability would fall on the one driving without your permission.

● Limits on your insurance policy. If your friend driving your car causes an accident, and the damages exceed your insurance limits, the coverage gap would fall on their policy, if they have one, but only if their policy covers them to drive borrowed vehicles. Otherwise, the remaining damage costs could come out of your own pocket.

● Allowing an irresponsible driver to use your car. You may be liable for personal damages if you allow someone to borrow your car that should not be behind the wheel. Examples of this scenario could include unlicensed drivers or someone who has a history of reckless driving or DUI convictions.

All of these factors can carry an enormous impact on a car accident involving a friend or family member driving your car. In addition to this, the nature of your insurance policy may also override all of these factors. This makes having a skilled Florida car accident attorney on hand to represent your case critical in minimizing any liability you might hold.

Before ever letting a family member get behind the wheel of your car, get on the phone with your insurer and have them explain what they do and do not cover in situations when someone other than a policyholder is driving. You should also keep a copy of your policy with you during this call to see exactly where this information is in the paperwork as they discuss it with you.

The nature of your coverage will depend upon the concepts of permissive use and non-permissive use. Generally speaking, permissive use means the person driving your car has your permission to do so. You likely have the impression your car insurance policy will cover any damages they might cause, but again, verify this before allowing them to use your vehicle.

There are situations where you might not have given permission for someone else to take your car for a spin. This is known as non-permissive use and typically fall under the following categories:

● Insured non-permissive use by family or friends. This is when a family member or friend uses your car without asking and causes an accident. Many times, if they have their own car insurance policy, it will cover any damages first. Keep in mind that if related accident costs exceed their coverage limits, then your insurer may have to make up the difference, or it comes out of your own pocket.

● Uninsured non-permissive use by family or friends. This circumstance involves non-permitted use of your vehicle by family or friends who do not carry their own car insurance policy. This means you will have to accept full liability for damages caused.

● Car theft. If your vehicle was stolen or taken without your permission and becomes involved in an accident, this is car theft. Though, if it is a friend or family member who took your car with a history of using it regularly in the past, it may be challenging to say it was theft. Any damage to your vehicle would likely come out of your own insurance coverage, but none of the additional costs caused by the unauthorized driver.

If you find yourself faced with an insurance claim against your policy because of a family member causing an accident with your vehicle, speak with a highly skilled Florida auto accident attorney right away. There are many options to mitigate your liability in these matters, and knowledgeable counsel can prove invaluable in these situations.

Do not let the insurance companies bully you into holding liability for an accident caused by someone else driving your vehicle. Even if you have sufficient coverage, the long-term impact on your coverage premiums can be outrageous. Our team at Brian D. Guralnick Injury Lawyers in West Palm Beach, Florida, will work hard on your behalf to mitigate any liability the insurance companies may claim you hold. Our clients’ reviews and happy client photos speak for themselves, a testament to our long track record of dedication to our cases in West Palm Beach, FL.

Please contact us today at (561) 983-4395 for a free case review with our car accident attorneys. We will Demand More® for you.