In this article, you can discover…
- What happens when someone borrows your car and is in a wreck.
- Who’s liable if the driver had their own insurance coverage.
- Whether you can sue the driver for costs you incur, and how an attorney can help.
What Happens If Someone Borrowing My Car Causes A Crash In California?
There are a lot of different ways an incident like that can play out. It really depends on the language used in your specific insurance policy with your specific insurance company. Most large insurance companies allow for permissive use, meaning that as long as the person had your knowledge and consent to borrow your vehicle, your insurance will cover them unless they’re excluded on your policy.
However, other policies are much more restrictive and don’t allow for permissive use and will only cover the named insurer when they’re in the vehicle.
It’s critical to understand your policy— know what is covered and what is not. Be sure to obtain a full copy of your car insurance policy and sit down to review it, either with your agent or with an attorney.
How Does Coverage Work If The Borrower Has Their Own Auto Insurance Policy?
In California, coverage follows the vehicle primarily, and then it follows the vehicle’s driver secondarily. This means that your coverage on your car would step in as the first line of coverage. Then, the coverage that your vehicle’s borrower had on their own vehicle could conceivably step in if damages exceed the limits of your car’s policy.
Can The Vehicle Owner Be Sued Directly After A Borrowed Car Wreck?
Absolutely, and this is called “negligent entrustment”. If you’ve loaned your car to someone you knew (or should have known) would not be reasonable or prudent in how they operated the car, you can be held liable for any damage they cause.
You are not necessarily culpable on the same level as the vehicle’s driver. But by negligently entrusting a reckless person with your vehicle, you are opening yourself up to liability.
Your insurance company does have a duty to step in and defend you in these sorts of circumstances, so long as you’re making your premium payments. While they would, in all likelihood, cover any losses, the possibility of their refusing to cover damages in a borrowed car wreck also exists.
Attorney Shawn Gozarkhah is a skilled, tireless personal injury lawyer serving California. Since 2012, he’s helped clients just like you handle the aftermath of borrowed car wrecks, ensuring that everything from insurance to liability is handled with the utmost respect for your interests and legal rights.
Was your vehicle involved in a wreck after a friend or family member borrowed it? Reach out to The Law Man Group, APC for an initial consultation today.
Can I Sue The Borrower Of My Car If I Am Held Liable For Damages That They Caused?
Generally not. Under a very, very specific set of circumstances, you may possibly be able to recover diminution of the value of your vehicle if your friend borrows and totals it. This is not terribly likely, however, and generally, you assume the risk of your car being damaged when you loan it to someone.
If someone takes your vehicle without your knowledge or consent, that is a completely different scenario, and you could indeed pursue them for damages in that case. But if you willingly loaned them the vehicle, you are assuming the risks inherent in allowing someone else to drive your car.
How Might Legal Representation Help For The Owner Of A Car In A Situation Like This?
At the very least, an attorney is important in helping you understand both your rights and the pitfalls that may come up legally. They can also help to give you peace of mind and clarity, so that your mind isn’t racing, worrying, and waiting for the insurance company to call.
At The Law Man Group, even if we don’t represent you, we’ll take the time to explain your options and map out the directions your case could potentially take. This ensures you’re better equipped to handle anything that comes your way and can make the best decision for yourself.
Our goal is to make sure you know your rights and have that understanding and peace of mind when you’re going up against a billion-dollar insurance company.
How Do You Help Wreck Victims Protect Their Right To Full Compensation In Borrowed Vehicle Cases?
At The Law Man Group, we’ve seen all sides of borrowed vehicle cases. I’ve spoken with clients who let their friend borrow their car, and a wreck followed. I’ve had people call me after they’ve been hit by a vehicle, but the driver didn’t own the car and didn’t have insurance.
We’ve handled these cases from all angles and know which stones to turn over. We know where to dig to find out if the various parties involved have any primary or even secondary insurance that could step in.
If a settlement is reached, a condition of that settlement will be getting confirmation in writing, usually through a sworn affidavit, that no other policies exist that would indemnify the at-fault party for the loss. We’ll do our own research to verify this and ensure that everything is confirmed and in writing.
Still Have Questions? Ready To Get Started?
For more information on borrowed car wrecks in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 337-5214 today.
Attorney Shawn Gozarkhah is a skilled, tireless personal injury lawyer serving California. Since 2012, he’s helped clients just like you handle the aftermath of borrowed car wrecks, ensuring that everything from insurance to liability is handled with the utmost respect for your interests and legal rights.
Was your vehicle involved in a wreck after a friend or family member borrowed it? Reach out to The Law Man Group, APC for an initial consultation today.
