In California, auto insurance follows the vehicle, not the driver. This means that if someone else borrows your car and is involved in an accident, your insurance policy will likely be responsible for covering the damages. Understanding how insurance coverage applies in these situations is important, as this can affect your financial liability and insurance premiums. Working with a car accident lawyer can help you navigate these complexities, ensuring your rights are protected and guiding you through the claims process.
Does My Insurance Cover Other Drivers?
Yes, in California, your auto insurance policy follows your vehicle, meaning that if you permit someone to drive your car, your insurance will generally cover them in an accident (there are exceptions and these are generally reviewed by policy). Coverage may typically include:
- Personal Injury Liability
- Bodily Injury Liability
- Collision Insurance
- Property Damage Liability
- Comprehensive Insurance
However, if damages exceed your policy’s limits, the driver’s own liability insurance may cover additional costs. Since California is an at-fault state, the driver responsible for the accident will ultimately be held liable for damages. This means that if your friend borrows your car and is hit by a negligent driver, the negligent driver’s insurance should cover the damages.
Understanding Pure Comparative Negligence
California operates under a pure comparative negligence system, allowing accident victims to recover damages even if they are partly at fault. Compensation is adjusted based on the degree of fault. For instance, if you or your friend are found to be 10% at fault, you could still recover damages, but the amount would be reduced by 10%. Even if a driver is 99% at fault, they may still seek compensation for the remaining damages.
What If the Driver of My Car Wasn’t Listed on My Insurance?
Most insurance policies provide coverage regardless of whether the driver is specifically listed on the policy, as long as they have permission to use the vehicle. So, if someone borrows your car and causes an accident, your insurance policy should still cover it.
What Happens if a Negligent Driver Causes the Accident?
If someone borrows your vehicle and is involved in an accident caused by another driver’s negligence, the negligent driver’s insurance should cover the damages. However, if the at-fault driver lacks insurance, there are still options for compensation through uninsured/underinsured motorist coverage on your policy, or by pursuing legal action against the at-fault driver.
What if the At-Fault Driver Lacks Insurance?
If the negligent driver lacks insurance and your vehicle has uninsured/underinsured motorist coverage, you may file a claim with your own insurer. If you do not have this coverage, you can file a personal injury lawsuit against the uninsured driver. However, recovering compensation in court may be challenging if the other driver lacks financial resources.
When to Consult a Car Accident Lawyer
If you lent your car and it was involved in a collision, a car accident lawyer can provide valuable guidance. An experienced attorney can help investigate the accident, navigate the insurance process, and protect your right to fair compensation. At LA Law Group, our attorneys are prepared to help you understand your options and advocate on your behalf.
Contact LA Law Group for a Free Consultation
If you or someone who borrowed your vehicle has been involved in an accident, contact LA Law Group for a free consultation. We’ll discuss your case, review your options, and guide you through the legal process, ensuring your rights are protected. Contact us today to get started.
