What Happens If Someone Else Crashes My Car?

When you lend your car to a friend or family member, you’re also sharing the responsibility that comes with owning a vehicle. If an accident occurs while someone else is driving your car, understanding car accident liability and your legal options is essential. As experienced Fresno car accident attorneys at Chandler Law, we’re here to help you navigate the complexities of car accident liability, whether the accident was your fault or not.

Who Is Liable When Someone Else Drives Your Car?

California follows a “negligence-based” system for car accidents, which means the person responsible for causing the crash is typically liable for damages. However, when someone else is driving your car and gets into an accident, liability becomes more complicated. Generally, the car owner’s insurance policy will provide the primary coverage for the accident, regardless of who was driving.

If the driver of your car was at fault, your insurance could be held responsible for damages, including medical expenses, property damage, and other losses suffered by the other party.

Understanding “Permissive Use” in California

Under California law, insurance coverage extends to drivers who have your explicit or implied permission to use your vehicle. This is known as “permissive use.” If you gave consent to someone to drive your car, your insurance policy would typically cover any damages they cause up to your policy limits. However, the driver’s insurance may act as secondary coverage if damages exceed your policy limits.

When the Driver Is Not Covered

There are scenarios where your insurance may not cover an accident caused by someone driving your car. These include:

1. Unlicensed or Suspended Drivers: If you allow an unlicensed driver or someone with a suspended license to operate your vehicle, your insurance might deny coverage.
2. Excluded Drivers: Some policies allow you to specifically exclude certain individuals from coverage. If an excluded driver gets into an accident with your car, you may face significant liability without insurance assistance.
3. Unauthorized Use: If someone takes your car without your permission and gets into an accident, their insurance—or even their personal assets—may be pursued for damages instead of your policy.

Owner Liability in California

Even if you were not driving, you could still bear financial responsibility as the vehicle owner. California law allows injured parties to sue vehicle owners under the theory of “vicarious liability.” For example, if the person driving your car was negligent, you could be held partially responsible for the resulting damages. This is why it’s important to maintain adequate insurance coverage and to be cautious about who you allow to drive your vehicle.

Common Scenarios and How Liability Works

• Borrowing a Car and Causing an Accident: If you’re driving someone else’s car and cause an accident, their insurance will likely cover the damages up to their policy limits. Your insurance may act as secondary coverage if the damages exceed those limits.
• When Someone Borrows Your Car and Causes an Accident: If the person driving your car has their own insurance, their policy may provide secondary coverage after yours. However, as the car owner, your policy is generally considered the primary coverage.
• Accidents Involving Uninsured Drivers: If an uninsured driver causes an accident in your car, the financial burden often falls on your insurance policy. To protect yourself, ensure you have uninsured/underinsured motorist coverage.

How Can a Fresno Accident Attorney Help?

If you or your loved one has been involved in an accident while driving someone else’s car, understanding your rights and obligations is crucial. A Fresno car accident attorney can help you navigate these complex situations by:

• Analyzing the facts of your case to determine liability.
• Reviewing insurance policies to understand the coverage limits and exclusions.
• Representing you in claims or lawsuits to protect your financial interests.

Protect Yourself with the Right Insurance Coverage

Car accidents can have far-reaching financial consequences, especially when someone else is driving your car. As a vehicle owner, ensuring your insurance policy provides sufficient coverage is essential. Liability limits should be high enough to protect your assets, and you may want to consider adding an umbrella policy for extra security.

Contact a Fresno Car Accident Lawyer at Chandler Law

If you’re facing legal or insurance challenges after an accident involving your vehicle, turn to the experienced attorneys at Chandler Law. Our Fresno accident attorneys are here to help you understand your options and fight for your rights. Contact us today for a free case evaluation.