When Your Vehicle is Involved in An Accident While Someone Else Drives

In California, car insurance doesn’t follow the driver, it follows the car. If someone gets into a motor vehicle collision while driving your car, your car insurance will be involved, and at some point, you could be held liable. However, depending on the circumstances of the car crash, you may not be held fully liable.

Fault Rules for Auto Accidents in California 

When a driver causes a collision in the state of California, they are liable for the resulting damages. A negligent driver’s insurance may cover some or all of the accident-related damages, but the total cost of a serious collision can result in steep costs that may exceed the insurance policy limits.

Liability Laws When Someone Else Drives Your Vehicle

Liability for an accident that involves another person driving your vehicle depends on whether that driver had your permission to use it. When it comes to insurance, the insurance policy follows the vehicle. This means that your policy will cover damages even if you weren't the one driving the car at the time of the accident.

However, there are some exceptions.

What is Permissive Use?

If an auto accident occurs when another driver has your permission, your insurance policy will cover the resulting damages and your coverage will work as the primary coverage. If the damages incurred by the accident victim exceed your policy’s coverage, then the driver’s insurance acts as secondary coverage for the remaining damages.

What is Non-Permissive Use?

When a driver uses your vehicle without your permission, your insurer may not cover the damages related to the collision.

What If the Other Driver Was Negligent?

If you allow someone to drive your vehicle and they were involved in an auto accident that was caused by the negligence of another driver, that driver will be held liable for damages. However, you must work with a car accident lawyer to prove the other driver was negligent and caused the collision.

Establishing Fault

Establishing liability can involve obtaining a variety of evidence, such as:

• Photos of the accident, vehicle damage, and any injuries
• Cell phone records
• Video footage
• Eyewitness testimony
• Expert testimony
• Police report
• Medical records
• Medical bills
• Pay stubs

And more.

An attorney will use this evidence to build a strong case that establishes fault. If the person driving the other vehicle was responsible for the accident, you will file a claim with their insurance provider. Contacting a car accident lawyer as soon as possible following a collision can increase your chances of a successful outcome. Even if you believe the person you loaned your vehicle to was responsible for the collision, an attorney can still conduct an investigation to determine whether the drivers share fault. They can also walk you through the legal process and ensure it goes as smoothly as possible.

Contact Us Today!

If your vehicle was involved in an auto accident that was caused by a negligent driver, contact the car accident lawyers at MVP Accident Attorneys today to schedule a free, no-obligation consultation. Our car accident attorneys have extensive experience handling complex auto accident claims and know how to build a strong case that can help you recover compensation for your medical bills, lost wages, property damage, and more.