Personal Injury Blog



Car accident InsuranceAs if auto accidents weren’t confusing enough, every year thousands of vehicle owners find themselves in an even more complicated situation: car accidents with their vehicle while someone else was driving. When you crash your own vehicle, insurance policies, and even liability, are often clear. How are these delicate policies handled when someone else is in an accident with your car? Even more importantly, how do these accidents affect your insurance?

The whole situation can be a difficult mess, especially if you’re attempting to handle the situation alone.

Policy And Coverage Specifics

Different types of liability and insurance coverage determine how another driver crashing your vehicle affects your insurance.

In the best-case scenario (a term which we use liberally, as no auto accident is a “best-case” in any circumstance) the other driver of your vehicle will be listed under your insurance policy; this occurs typically when the person driving your car is a direct family member (spouse, child). In these cases, they are covered under your car insurance. Additionally, extended family members sharing a permanent address with you are typically covered by your auto insurance in the event of a collision with your vehicle. This shared car insurance is only applicable for individuals sharing your permanent address.

Your own auto insurance will cover the accident so long as your vehicle’s sustained damages can be covered under your specific policy; if the cost of damages exceeds your policy’s coverage, you will not be compensated. If the individual behind the wheel of your vehicle during a crash does not have car insurance, and is not a direct family member or extended family member sharing an address, you may begin to run in to some trouble.

Uninsured Drivers

The following can be helpful in understanding how coverage works for other drivers without insurance coverage: as a rule of thumb, your car insurance follows your car. That is, your car insurance is primarily liable for any damages that occur in an accident.

When you let an uninsured driver use your vehicle and they end up in an auto collision, your insurance policy alone sets the coverage limit; when that limit is crossed, you become responsible for the rest of payments. In this case, no secondary coverage is available to help you cover accident damages. If you’re unsure of how your insurance policy can be affected by unique circumstances in your auto accident case, we recommend that you contact a professional, experienced auto attorney today. 

Liability

As with more common auto accidents, liability is determined by how an accident occurs; who is at fault, if fault can even be designated, and what external conditions contributed to the accident. If the driver of your vehicle was not at fault, and they are insured, your insurance will not be affected at all. In these cases, damage to your vehicle will typically be covered by your insurance. If the driver of your vehicle, however, is at fault and lacks the necessary insurance coverage, you may have to cover all damages in the accident, as well as the additional property damages and medical fees of the other party.

Situational Circumstances

Of course, all of this information pertaining to insurance plans and liability claims can change with unique circumstances. The greatest situational change concerns collisions with stolen vehicles; in the state of Florida, if a vehicle is stolen and then crashed, the owner is not held responsible or liable for the accident. Without expressed consent, or knowledge of driver negligence, no liability can be attributed to the owner.

You are responsible for your car so long as you give permission for another to drive it. For more information about unique car accident situations, it is best to contact a seasoned, compassionate auto accident attorney right away.

Avoidance

The best way to avoid these concerns altogether is by more carefully judging situations in which a friend, coworker, family member or acquaintance seeks to drive or borrow your vehicle. Too often, vehicle owners find themselves in tight, stressful situations because they loaned their car out to someone they did not know well enough, who wound up in an accident doing something illegal. As they gave express consent to this driver, they created the liability for their vehicle.

We advise never loaning your car out to someone you cannot trust behind the wheel, and even more so someone without insurance; it is an unnecessary risk, potentially harmful to their safety and the safety of others, as well as severely damaging to your wallet. Avoid lending out your car whenever possible, as it can help avoid these circumstances altogether.

However, there are some circumstances in which letting another drive your vehicle may be an acceptable, or even encouraged, action. If you cannot drive due to medication or a medical condition, or are intoxicated, letting another drive your vehicle is the safest course of action you can take, even though this may still be perceived as liability by the law.

While auto accidents are largely unpreventable, there are many precautionary steps and considerations you can take to limit your risk for an accident, and the costly, confusing insurance hassles they create. Gauge every situation carefully, and be wary of whom you let borrow you vehicle, no matter for how long, or for what reason. When you let another drive your vehicle, there is room for collision liability to fall to you based on unique circumstances, especially if the person driving your car does not have the appropriate insurance.

In the end, your car is your own property; carefully manage its use, and always act with the safety of yourself, your vehicle’s driver and others on the road in mind. As every situation is unique, there is a likely chance you can greatly benefit from contacting an experienced auto accident attorney immediately after an accident. These professionals know how situations change in every individual accident, and can guide you through the insurance claim, compensation and recovery process following an accident.

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