What If Someone Else Is Driving My Car and Gets into an Accident?
In Virginia, if the owner gives someone else permission to drive their vehicle and the driver causes a crash, the car owner’s auto insurance policy covers accident-related injuries and losses. However, this rule doesn’t apply if they take the car without permission.
Does Car Insurance Follow the Car or the Driver in Virginia?
According to Virginia law, car insurance follows the vehicle. If you let a friend, family member, or anyone else drive your car, then any damages in an accident they cause are covered under your policy. If the damages exceed your policy limit, then the auto insurance policy of the driver who borrowed your car kicks in to cover the remainder of the other party’s losses.
What If the Person Is Driving My Car Without My Permission?
If you specifically say someone can drive your car, they are covered by your auto insurance policy. However, if you don’t give permission, then the vehicle is considered uninsured as far as car accidents go.
So, let’s say you tell your roommate they can use your truck to drive to classes on Wednesdays. They’re covered when they go to class on Wednesdays, even if they don’t ask for permission every time. But, if your roommate borrows your truck to go on a date Friday night without asking you for permission, your auto policy isn’t in effect for that trip.
On the other hand, you may tell your roommate, “You can use my truck whenever you need to if I’m not using it.” In that case, you’ve given them implied permission to take the truck to class, on a date, to the grocery store, etc. Your auto policy will cover damages if they cause a wreck. Contact our Roanoke car accident lawyer today.
What If My Friend Lets Someone Else Drive My Car?
This insurance coverage scenario is a little gray, but in general, permission follows from driver to driver in Virginia. If you text your roommate that they can borrow your truck to go to a club, you’ve given the roommate permission to drive your vehicle. If the roommate drinks too much and asks a sober friend to use your truck to drive them home, specifically telling them they can use the vehicle, then your permission attaches to the sober friend, too.
These cases can get a little tricky, though. If the roommate’s friend causes a wreck, you should consult a Virginia car accident attorney to learn more about your exposure and liability.
What If the Damages Are More Than My Insurance Covers?
If the damages in an accident caused by someone you permitted to drive your vehicle exceed your auto policy limit, their policy should cover the rest. However, if the damages exceed that policy, the plaintiff may sue you and the driver personally to collect the balance. A lawyer could work to protect you in this scenario, perhaps negotiating for a settlement within the policy limit with the other party involved.
What If the Accident Was Not Their Fault?
If you let someone drive your vehicle and another driver hits them, you can demand compensation from the other driver to cover property damage to your vehicle. The driver of your car may also file a claim against the at-fault driver to cover their medical care and other harm they suffer, like pain and suffering.
You and the person driving your car would each file a separate claim against the at-fault driver, citing your specific losses. An attorney can help you draft and file a claim for compensation and properly value your claim to cover all applicable losses.
What Should I Do After Someone Else Crashes My Car?
You should always call 911 after any accident, even one that seems minor. You can call 911 yourself and report the accident if the driver of your vehicle calls or texts you about what happened.
When you call the police after an accident, they can manage the scene, facilitate the exchange of information between the drivers involved, and create an official police accident report. This report contains valuable information about the crash scene and usually has a spot for an officer narrative, in which the police officer may indicate who they believe is responsible for the crash.
You must also report the accident to your insurance company. The deadline for doing so varies from policy to policy, so check yours carefully. Failure to do so could invalidate your auto policy and prevent you from getting the coverage you paid for.
Perhaps most importantly, you should contact a Virginia car accident attorney. The insurance claims involved can get complicated in this situation. You could end up on the hook for more money than you should be without proper legal guidance. A lawyer can protect your rights and help ensure the right people are held responsible for the accident.
What If I Was Injured by Someone Borrowing a Car?
If you’re injured in an accident caused by a person driving someone else’s car, you may still face the same hurdles to getting compensation for your losses as you would if the owner were driving. In fact, you may face even more challenges to get the money you need to cover your medical care and other expenses if the car owner claims they did not give the driver permission to use their vehicle. If you’re in a situation like this, turn to the experienced Virginia car accident attorneys from Lichtenstein Law Group, PLC for legal help and support. We offer a free case review, so call today.
Contact a Virginia Car Accident Lawyer
Do you need help after someone else wrecked your car? Are you having difficulty getting the compensation you need from the other party? It’s time to seek legal advice and demand the money you deserve – and we can help. Contact Lichtenstein Law Group, PLC today for a free consultation with an experienced Virginia car accident lawyer.
John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.