Generally speaking, if you let someone borrow your car, you are also lending that person your car insurance (car insurance typically follows the car and not the driver). Therefore, if your friend gets in a car accident in Los Angeles while driving your car, even if your friend has his/her own amazing insurance coverage, your auto insurance will likely be responsible for covering the damages that resulted form your car being involved in an accident.
Primary coverage
Does your insurance cover your friend? In most cases, the answer is yes. So long as your friend is not specifically excluded on your policy and your policy has collision and/or liability coverage, your car insurance should provide the primary coverage if your friend gets into a car accident while driving your car. This means that your friend’s car insurance would provide secondary coverage, stepping in if you reach your policy limits. Your friend’s car insurance may also cover some of the personal injury or medical expenses.
Your friend caused the car accident
If your friend causes a Los Angeles auto accident, you will have to file a claim with your insurance provider. Either you or your friend will have to pay the deductible in order to get your car fixed, but that is between the two of you to work out. Unfortunately for you, your insurance premium rates will likely increase as well
Your friend is not at fault
If your friend gets into an accident while driving your car but is not at fault, your insurance premium rates should not increase. However, you would file claim with the at-fault party’s insurance provider, which will cover any damages to your car. To ensure that you receive the financial compensation to which you are entitled, contact an experienced auto accident attorney before accepting an insurance offer.
Permissive use in the case of a car accident
If someone has your permission to drive your car, that person would be covered by your insurance provider, whether the person is your spouse, a family member who lives with you, a dependent child who moved out of the house, a babysitter, a friend, or any other permitted driver. If your insurance company tries to deny coverage, reach out to a personal injury attorney in Los Angeles immediately.
Non-permissive use
If you have not given permission for someone to drive your car (for example, a thief), you are not liable for damages caused to other vehicles and property. You may, however, have to file a claim with your insurance provider to cover the damages to your car.
If a friend or relative borrowed your car without your permission, that person’s car insurance would provide primary coverage in that case. This would make your car insurance the secondary coverage. In a case like this, there typically needs to be express denial of permission for your car insurance to believe that your friend or loved one did not actually have your permission.
For more for more information on your rights and responsibilities when a friend gets in a car accident while driving your car, reach out to the savvy auto accident attorneys at BIKLAW today.
Contact your insurance provider
Because state laws and policy coverage terms differ, contact your insurance provider before letting someone borrow our car.