What happens if someone else drives my car and gets in an accident?

Motor Vehicles Accidents - September 10, 2024

Letting a friend or family member drive your car might seem like a simple favor, but what happens if that person gets into an accident while behind the wheel?

In most cases, car insurance follows the vehicle, not the driver. This means that if someone else drives your car and gets into an accident, your insurance policy is generally the primary source of coverage, regardless of who was driving. However, the details of coverage and liability depend on several factors, including who was driving, whether they had permission to use your car and the circumstances of the accident.

At Horwitz, Horwitz & Associates, our skilled Chicago car accident lawyers help individuals navigate the aftermath of car accidents, whether they were driving or someone else was behind the wheel. In this blog, we’ll explore what happens if someone else drives your car and gets into an accident, including liability, insurance coverage, and your legal options.

Legal and financial responsibility if someone else crases your car

As the car’s owner, you are financially responsible for any damages caused by someone driving your vehicle, even if you weren’t the one behind the wheel. This is why it’s critical to understand the scope of your insurance policy and whether it offers adequate coverage.

If the damages exceed your policy limits and the other driver or party involved in the accident sues for additional compensation, you could be held personally liable. In these cases, seeking legal counsel to protect your financial interests is important.

Does my insurance cover the accident?

Yes, in most cases, if someone else drives your car with your permission and gets into an accident, your insurance policy will cover the damages. Here’s how it typically works:

• Liability coverage – If the driver is at fault for the accident, your liability insurance will cover the damages to the other driver’s vehicle and any injuries sustained by the other party. Liability coverage is mandatory in Illinois, and your policy will step in to cover up to the limits of your policy.
• Collision coverage – If you have collision coverage, it will cover the cost of repairs to your car, even if someone else was driving at the time of the accident. However, you’ll still be responsible for the deductible.
• Comprehensive coverage – If the accident were caused by something other than a collision (e.g., a falling tree or vandalism), comprehensive coverage would help pay for the damages.

(H4) Exceptions and exclusions

While most standard auto insurance policies cover someone else driving your car, there are exceptions to keep in mind. For example:

• Excluded drivers – If the person driving your car is specifically excluded from your insurance policy, your insurance may not cover the accident.
• Unlicensed drivers – If the person driving your car did not have a valid driver’s license at the time of the accident, your insurance may not cover the damages.
• Non-permissive use – Your insurance company may deny coverage if the driver did not have permission to use your car (i.e., they took it without your knowledge or consent). In this case, the driver’s own insurance policy might be used to cover the damages.

What if the driver has their own insurance?

If the person driving your car has their own car insurance policy, it might provide secondary coverage. This means that after your insurance has paid up to its policy limits, the driver’s insurance may kick in to cover any remaining costs. However, it’s important to note that the primary coverage generally comes from your policy.

Example scenario

Let’s say your friend is driving your car and gets into an accident. Your insurance policy has liability coverage up to $50,000, but the damages total $75,000. In this case, your insurance would cover the first $50,000, and your friend’s insurance may be used to cover the remaining $25,000, assuming they have a policy that includes secondary coverage.

Potential legal ramifications of letting someone else drive your car

In some situations, you could face legal consequences if the person driving your car was involved in illegal activity, driving without a license, or was under the influence of alcohol or drugs. If someone else was driving your car under these circumstances and caused an accident, you could face penalties or legal action, depending on your level of knowledge and involvement.

Someone else crash your car? We can help.

When someone else drives your car and gets into an accident, understanding your insurance coverage, liability, and potential legal consequences is essential. In most cases, your insurance will provide primary coverage, but there are exceptions, such as non-permissive use or excluded drivers.

At Horwitz, Horwitz & Associates, we are here to help you navigate the aftermath of these complex accidents and protect your legal rights. Reach out to us for expert guidance and support.