Most people know they can recover damages incurred in motor vehicle accidents with personal injury lawsuits.
Maybe you get in a reckless driving accident, you put in a claim with the at-fault driver's insurance company, and they take care of your property damage and medical bills.
But what happens when a car is in an accident and the vehicle owner isn't driving?
Most probably don't realize they can be held liable in a car accident lawsuit involving their vehicle, even if they weren't driving or in the car at all.
Being in this situation can be stressful, but there are critical steps you can take to legally protect yourself as a vehicle owner after a motor vehicle accident involving your car.
You should also start looking for experienced accident attorneys to help you hold the at-fault driver responsible for their actions.
In the article below, we will discuss whether or not legal action can be taken against you if someone else driving your personal property is involved in an auto accident.
Table Of Contents
- What Happens When Someone Driving Your Car Gets in an Accident?
- Negligent Maintenance
- Negligent Entrustment Claim
- Family Car Doctrine
- Employer Liability
- Does Liability Insurance Coverage Apply When Someone Else Is Using My Car?
- What To Do if Someone Driving Your Car Was in an Accident
- Is It Worth Getting A Car Accident Lawyer?
What Happens When Someone Driving Your Car Gets in an Accident?
Your car insurance company will often cover your vehicle even if you're not the driver.
That means the regular rules of liability will typically apply.
The liable party is the person who caused the car accident and is legally responsible for all damages, including property damage and medical expenses for the injured person.
If you let someone else drive your car and another driver causes the accident, the at-fault driver's insurance policy is usually responsible for covering costs for the injured party.
If the person driving your car is at fault, your car insurance will usually cover accident damages.
There are some exceptions to this rule, since there are insurance policy limits.
Contact your auto insurance carrier if you're unsure how your specific coverage works.
Negligent Maintenance
Negligent vehicle maintenance is a violation of your duty to other drivers caused by failing to properly maintain your vehicle.
Failing to take care of your car could cause a mechanical failure to cause an accident.
If that happens while someone else is driving your car, you could potentially be liable for a bodily injury and all damages that occur as a result.
Sometimes if a lack of maintenance makes a vehicle unlawfully unsafe to drive, an accident caused by such a vehicle may fall under negligence per se.
Negligent Entrustment Claim
Similar to negligent maintenance, negligent entrustment is a negligent action where you entrust your vehicle to a non-owner driver that is drunk, reckless, or otherwise unfit to drive.
Negligent entrustment violates the standard duty of care you legally owe to other drivers on the road by letting someone who might put them in danger drive your car.
Family Car Doctrine
The family car doctrine means the non-owner driver is a family member and drives your vehicle when it is illegal for them to do so by law.
The most common scenario for this is when a parent allows their underage child to drive and an accident occurs.
If you let your unlicensed child take control of the wheel, you will likely be held responsible for all damages and injuries caused to the accident victim.
You could also be held liable if you let a friend with an expired or revoked license drive your car.
Employer Liability
Employer liability refers to an employer's responsibility regarding accidents involving company vehicles.
For example, if a truck driver causes a car accident while on the job, their employer can be held liable under the doctrine of vicarious liability.
This is so regardless of whether or not the employer was reckless.
Employers must take the time to understand the potential repercussions when an employee is involved in an accident. To avoid negligent hiring, employers should check the potential employee's driving record.
Everyone who lends out a car needs to know what may or may not work towards holding an owner liable for the damages and injuries that occur in an accident using their vehicle.
Does Liability Insurance Coverage Apply When Someone Else Is Using My Car?
In certain circumstances, liability coverage does not always follow the driver if they get in an accident while driving another car.
If you have liability coverage and your friend crashes your car, your liability coverage will usually kick in.
That means your insurance policy limits will apply to the other vehicle's damages.
If your insurance limit doesn't cover the entire amount of damages, the driver's insurance will usually kick in and cover the rest.
You must understand precisely what your current insurance plan does and does not cover in all types of accidents. Scheduling a phone call with your insurance agent will help clear up any confusion about your coverage and if it makes sense for you to sign up for additional insurance coverage.
You can sometimes be held accountable for a significant amount of money if your insurance policy does not cover a specific accident.
If you aren't sure exactly what your insurance covers, call your insurance provider to get the exact details of your plan.
What To Do If Someone Driving Your Car Was In An Accident
If a car accident happens in your car, even if you weren't involved, you still need to act quickly.
After most accidents, you have two years from the date the accident occurred to seek damages after a personal injury accident.
Two years seems like a long time, but it will pass quickly if you aren't prepared.
You first need to speak with an accident attorney familiar with cases like yours and accident law.
If the accident wasn't caused by the person driving your car, an experienced car accident attorney will make sure you receive compensation for damages.
And again, you need to be sure you understand the rules of your insurance policy and what is and isn't covered.
Your attorney can help with this as well.
You or the person driving your car should call the police right after the accident happens.
This is usually a legal requirement, and it also creates a record of the accident for your insurance claim.
The non-owner driver involved in the car accident should also take notes and pictures.
Snap pictures of the accident scene, physical injuries, and property damage.
If you weren't involved in the accident, make sure the non-owner driver of your vehicle documents everything.
They should also speak with the negligent driver and any witnesses and get their names and contact information.
Is It Worth Getting A Car Accident Lawyer?
Seeking compensation after an accident is always tricky, but an accident involving someone else driving your car is even more complex.
Fortunately, you don't have to do it alone.
The personal injury lawyers at Helping the Hurt have represented a wide range of cases in the past. They will take care of the complicated legal process of determining fault after an accident your car was involved in.
This allows you to focus solely on your property damages and the physical recovery of the driver.
An experienced car accident attorney at Helping the Hurt will ensure you get the compensation you deserve.
If someone driving your car was involved in an accident, our personal injury attorneys offer free legal advice to help you understand your case better.
Contact our office today for a free consultation so we can get started on your compensation claim today.
References:
https://www.theburkettlawfirm.com/texas-car-accident-caused-by-non-owner-driver-sue-the-driver-or-owner/
https://www.greenberg-walden.com/can-a-car-owner-be-sued-for-another-drivers-accident/
https://www.findlaw.com/legalblogs/personal-injury/can-a-car-owner-be-sued-for-another-drivers-accident/
https://www.johnfoy.com/faqs/what-happens-if-someone-else-is-driving-my-car-and-gets-in-an-accident/