What Happens if Someone Has an Accident When Driving My Car?

Learning that someone else has crashed your car can be distressing. If this happened to you, you are probably wondering what happens next.

So, what happens if someone has an accident while driving your car? Your insurance will likely cover the damages as long as you gave the person permission to use the car.

Car accident cases can quickly become complicated, especially if you weren’t behind the wheel when the accident occurred. A Fresno car accident lawyer can defend your rights and help you recover compensation for your losses.

What Happens If Someone Else Is Driving My Car and Gets in an Accident?

If someone else is driving your car and causes an accident, your insurance policy will typically be used first to cover damages. California follows a “permissive use” rule, which means your insurance typically applies when you allow another person to drive your vehicle.

For example, if you let a friend borrow your car to run errands and they cause a rear-end accident, your liability insurance would likely pay for the other driver’s injuries and property damage (up to your policy’s limits).

However, the person driving may still share financial responsibility for the accident. Their own insurance policy may also come into play if the damages they caused exceed your coverage limits.

What Happens if the Driver Did Not Have Permission?

If someone took your car without permission and caused an accident, the driver is usually financially responsible for the damages. 

In many cases, your insurance company will deny coverage because the person was not an authorized driver under your policy. This often applies in situations involving vehicle theft, joyriding, unauthorized use by acquaintances, or family members taking the car without approval.

If your car was stolen or clearly taken without authorization, it’s crucial to report the incident to law enforcement as soon as possible. Delays could work against you during the claims process.

What Is Negligent Entrustment?

Negligent entrustment happens when a vehicle owner allows someone to drive their car even though they knew (or reasonably should have known) that the person was unsafe to drive.

This issue commonly arises when the owner lends a vehicle to someone who is intoxicated, unlicensed, inexperienced, reckless, or medically incapable of driving safely.

In this scenario, both you and the person who drove your car may be held financially responsible for the accident they caused. The injured party can pursue compensation from the driver who caused the crash and file a claim or lawsuit against you for allowing that person to use the vehicle.

What If the Person Driving My Car Was Not At Fault?

If the person driving your car was not at fault for the accident, the at-fault driver and their insurance company are generally responsible for paying for your damages.

In California, fault-based insurance rules apply, which means the driver who caused the crash is typically liable for medical expenses, vehicle repairs, lost income, and other losses.

If the at-fault driver is uninsured or does not have enough coverage, uninsured motorist or underinsured motorist coverage may help cover certain losses, depending on your policy.

Will My Insurance Rates Go Up?

In many cases, your insurance rates go up after someone else has an accident while driving your car. The amount your insurance rates increase will depend on factors such as:

• The severity of the accident
• Whether injuries occurred
• Your prior claims history
• Who was driving
• Whether that person committed traffic violations

What Happens if a Family Member Crashes My Car?

If a family member crashes your car, your insurance policy will likely be the primary source of coverage because California insurance generally follows the vehicle. If the damages exceed your coverage limits, your family member’s own insurance policy may provide secondary coverage.

Issues may arise if your relative regularly drove your car but was not listed on your insurance policy. Many insurers require household members who frequently use a vehicle to be disclosed as drivers on that vehicle’s policy.

If someone living in your home regularly borrowed the car without being listed, the insurer could potentially deny coverage or reduce your settlement.

This may occur if the family member who used your car is a teenage driver, adult child living at home, romantic partner, or relative sharing the same household.

What Should I Do After Someone Else Crashes My Car?

If someone else gets into an accident while driving your car, it’s important to:

• Report the accident: California law requires reporting accidents involving injuries or significant property damage.
• Notify your insurance company: Waiting to inform your insurance company of the crash could make it more difficult to obtain compensation.
• Gather information: Obtain the crash report, accident scene photos, witness information, and the other party’s insurance details.
• Avoid admitting fault: Refrain from discussing fault when speaking with insurance adjusters and other people involved in the accident.
• Speak to an attorney: Our lawyers can review your case and determine who is responsible for paying your damages.

Get Help From a Car Accident Attorney

Allowing someone else to drive your car can expose you to more risk than you may realize. If another person crashed your car, an experienced car accident attorney from Fowler | Helsel | Vogt can review your case, handle insurance disputes, and help you secure compensation.

Schedule a free consultation to discuss your situation with a lawyer.