My Friend Crashed My Car and I Got Hurt. Now What?

At Silverman, McDonald & Friedman, our personal injury attorneys protect the rights of accident victims. When you’re hurt in an accident that wasn’t your fault, we can help. We work on behalf of clients in and around Seaford, Wilmington and Newark.

We have auto insurance in the event of a car accident – it protects us from financial liability when these accidents occur. But what happens if someone else wrecks your car while behind the wheel? Who’s liable then?

In general, if another person causes a car crash while they’re driving your car (whether you’re in it or not), your auto insurance will cover the damage to your car. However, if the driver caused damage and injury to other people or vehicles, their insurance will likely come into play too.

Of course, there are exceptions to every rule, and everyone’s policy may be different. However, following are a few common car accident scenarios and typical insurance liability.

If my car is involved in an accident when someone else is driving

In general, your car insurance only covers accidents that someone else caused in your vehicle if that person is already included on your insurance policy (like your spouse or child), or if you gave them permission to borrow your car (like a friend or neighbor). This is called a “permissive driver.” So, in the majority of cases, when a permissive driver causes an accident, your insurance covers the financial liability.

Your car’s insurance basically covers your car, rather than the driver. So, just like if you had been the one driving your car, your collision coverage would pay for the damage to your car, and your liability coverage would cover damage and injuries to the other parties.

In the event of a serious auto accident with a large amount of damages and injuries, the costs of the accident may exceed the limits of your policy. In these cases, the permissive driver may be required to get their own car insurance involved. If they don’t have their own insurance policy, they may still be financially responsible. Our attorneys can explain more.

Unless they’re specifically excluded, household members like your spouse or children are usually included on your auto insurance policy. So, if they’re already on your policy and cause an accident, your insurance will cover everything according to the policy terms.

When insurance won’t pay for an accident when someone else was driving

There are also certain scenarios where your auto insurance won’t cover damage when someone else was driving it. For example, if your car was stolen, you’re not liable for damages and injuries from an accident. This is called “non-permissive” use. Non-permissive use also counts if someone borrowed your car without permission – but you’ll have to prove it.

Your insurance also may not cover damage or injuries if someone who is specifically excluded from your insurance policy causes an accident while driving your vehicle. Excluded drivers may be someone, perhaps a high-risk or inexperienced family member, left off your insurance because their inclusion would raise your rates. If an excluded member borrows your car and has an accident, your insurance will not cover the damage – even if you gave them permission to drive.

Talk to the personal injury attorneys at Silverman, McDonald & Friedman if you’ve suffered injury in an accident that wasn’t your fault. We fight to get you the compensation you deserve. We represent clients in the Newark, Seaford, and Wilmington areas. Call 302-888-2900 or fill out our contact form today.