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When your vehicle is involved in an accident while someone else drives

Accidents while someone else drives.

In the state of California, when you’re involved in an accident, the auto insurance follows the car, not the driver. If a motorist is involved in a car crash while borrowing your vehicle, your auto insurance will come into play. If you allow someone to drive your vehicle and they were involved in a collision, a abogado de accidentes de tráfico can help during this time, guiding you through the legal process and ensuring that your rights are protected.

Will My Auto Insurance Cover Another Motorist?

As mentioned earlier, car insurance covers the vehicle, not the driver. The different types of auto insurance that follow the vehicle include:

  • Personal injury liability
  • Bodily injury liability
  • Collision insurance
  • Property damage liability
  • Comprehensive insurance

If the motorist you loaned your car to causes damage that exceeds coverage, their liability insurance will cover it, after your coverage is maxed out. Because California is an at-fault state, the driver who is responsible for the accident will have to be held responsible for damages. This means that if you loan your vehicle to a friend and they are involved in a motor vehicle collision that was caused by the negligence of another motorist, that motorist’s insurance policy will cover the cost of damages.

What is Pure Comparative Negligence?

Because California is a pure comparative negligence state, an accident victim can be compensated for damages depending on their degree of negligence. For example, if a driver is involved in a crash and is found to be 10% at fault, they can still recover compensation for their accident-related damages, however, their compensation will be reduced by 10%. In California, an accident victim can still pursue compensation for damages, even if they are 99% at fault.

What Happens if Someone Who Isn’t On Your Insurance Crashes Your Car?

The majority of insurance providers allow policyholders to add other drivers to their policy. It usually doesn’t matter whether your vehicle’s driver isn’t on your insurance and ends up crashing your car since the insurance will follow the vehicle, not the driver. Because of this, your insurance policy will still come into play if the driver of your vehicle contributed to or caused a motor vehicle accident.

What Happens If Someone Borrows My Car and Has an Accident Due to a Negligent Driver?

If the person that was driving your vehicle was involved in an accident that was caused by another driver’s negligence that driver’s auto insurance policy will come into play.

What Happens If an At-Fault Driver Does Not Have Auto Insurance?

In the event you or someone else is driving your vehicle and there is a collision caused by a negligent driver, if that driver does not have insurance you still have a couple of options to recover compensation for damages.

If your vehicle is covered by uninsured/underinsured motorist coverage, a claim can be filed with your auto insurer. If you do not have this type of coverage, you or the person driving your vehicle can file a personal injury lawsuit against the uninsured driver and pursue compensation in court. However, if the other driver does not have auto insurance due to financial hardships, then it is unlikely that you will be able to recover any compensation in court, even if the court awards you damages.

Should I Hire a Car Accident Lawyer?

As you can see, if you loan your vehicle to someone and they are involved in a collision, the situation can quickly become complex. Because of this, you may want to consider contacting a car accident lawyer. At Lem Garcia Law, our car accident lawyers can help guide you through the claims process, investigate the accident, and fight to protect your right to fair compensation. To learn more, contact us today to schedule a free case evaluation.

Contacte con Us Today 

If you loaned your vehicle to a family member or friend and they were involved in an accident, contact a car accident lawyer at Lem Garcia Law today to schedule a free legal consultation. We can meet with you to discuss your case, go over your legal rights and options, and help guide you through the entire legal process. Contact us today to learn more.