When you hand over your car keys to someone, you’re trusting them with more than just your vehicle. You’re hoping that they’ll drive responsibly and return with the car in the same condition it was in when you last saw it. Many people wonder “If someone wrecks my car, who is liable?”
This question isn’t just about vehicle damage— it’s about understanding the legal and insurance ramifications that follow. If someone else is in an auto accident while driving your car, does your insurance policy cover the damages? It’s essential to know how car insurance works, what “permissive use” means, and how liability is determined if someone gets in an accident driving your car.
The short answer is that your insurance is normally the primary coverage if you give someone permission to drive your car and that person causes an accident.
The initial shock of learning that your vehicle has been in an accident is unsettling, but knowing the steps to follow can alleviate some of the stress. Our Alpharetta car accident lawyers at Horst Shewmaker can provide valuable advice tailored to your situation.
Who Is Liable If Someone Wrecks My Car?
In cases like ‘my son was driving my car and had an accident’, it’s important to understand how insurance works if someone else is driving your car. Insurance policies in Georgia follow the vehicle, which means the car owner’s insurance is primarily responsible for the damages.
Suppose a car owner’s insurance limits don’t fully cover the car accident. In this situation, the driver’s insurance may pay the difference.
When Your Auto Insurance Covers the Car Accident
If the driver is someone who lives in your household, such as a son or daughter, they are typically already included in your own auto insurance policy. Some insurance carriers even make this a requirement.
In auto insurance terms, “permissive use” refers to a situation where the vehicle owner gives another person permission to drive their car. This concept is fundamental in determining how insurance coverage applies after auto accidents. When you allow someone to use your vehicle, you are also extending the protections of your insurance policy to that individual.
If the person driving your car gets in an accident, your auto insurance is the primary coverage. The driver’s insurance can serve as secondary coverage, paying what is left if the accident costs exceed your coverage limits.
Cases Where Your Insurance Company May Refuse to Pay
There are several scenarios where your car insurance company may refuse to cover the costs if someone is driving your car and gets in an accident:
- Someone drives your car without your permission.
- The person driving your car is excluded from your auto insurance policy.
- A person crashes your car while under the influence of drugs or alcohol.
- The driver does not have a valid driver’s license.
Vehicle owners must be cautious about who they allow to drive their cars. Excluding someone with a bad driving record from your policy can lower your insurance premiums. However, you could be stuck paying out of pocket if an excluded driver crashes your car.
Types of Car Insurance
When someone driving your car gets in an accident, several types of insurance coverage may come into play, depending on the specifics of the incident and the insurance policy. The most relevant types are liability, collision, and comprehensive coverage.
Liability Coverage
Georgia requires vehicle owners to carry liability insurance with minimum limits of $25,000 for bodily injury per person, $50,000 for bodily injury per automobile accident, and $25,000 for property damage per accident. These are the baseline amounts required to operate a vehicle, but many drivers opt for additional coverage.
When an accident occurs, several types of insurance coverage may come into play, depending on the specifics of the incident and the insurance policy. The most relevant types are liability, collision, and comprehensive coverage.
Collision Insurance
Collision coverage deals with damages to your vehicle in an accident, regardless of who is at fault. For instance, if you allow a friend or family member to use your vehicle and they are involved in a crash, your collision coverage will be responsible for covering the repairs to your vehicle, minus any deductible.
This coverage pays to repair or replace your vehicle even if the accident was caused by the person you allowed to drive your car.
Comprehensive Coverage
Unlike collision insurance, comprehensive coverage applies to scenarios that do not involve a collision with another vehicle. This includes a wide array of situations such as theft, vandalism, fire, natural disasters (like flood or hail), and other events beyond your control.
Comprehensive coverage is instrumental when dealing with unexpected incidents that can happen to a parked or stored vehicle, as well as while driving under conditions that lead to damage from non-collision events.
Steps to Take After an Accident Involving Your Car
If an accident occurs involving your vehicle, you want to make sure that all legal and insurance-related issues are properly addressed. Here’s a practical checklist of steps you should follow:
- Check for Injuries: The first priority is to ensure that all parties involved in the accident are safe. Check for any injuries and call emergency services if medical attention is needed.
- Call the Police: It’s important to have a police report for insurance purposes and to establish the details of the accident. Be sure to ask the police officer for a copy.
- Document the Accident Scene: Take photographs of all vehicles involved, as well as any visible damage. This will be important evidence for your insurance claim.
- Exchange Information: Collect the names, contact details, insurance information, and vehicle details of all drivers involved. If there are witnesses, get their contact information as well.
Inform your insurer about the accident as soon as possible. Provide them with all the relevant details and any evidence you have collected, such as the police report, photos of the scene, witness statements, and any other documents that your insurance company requests. Once your claim is approved, arrange for your vehicle to be repaired. Your insurance company may recommend a repair shop, or you may choose one yourself, depending on your policy.
How to Protect Yourself as a Car Owner
As a car owner, it’s important to take proactive steps to minimize risks when allowing others to drive your vehicle. Here are some practical tips to help protect your interests and maintain control over who uses your car:
- Confirm that the person you’re considering allowing to drive your vehicle has a valid driver’s license and a good driving record.
- Be specific about when and for what purposes your car can be used. For instance, you might allow a friend to borrow your car for errands but not for a road trip. Setting these boundaries can help reduce wear and tear and the risk of accidents.
- Limit how often you lend your car to keep your risk at a manageable level.
- Communicate your expectations regarding the care and use of your vehicle. Make sure the driver understands they should avoid risky behaviors such as speeding or using a mobile phone while driving.
You should also make it a habit to review your insurance policy at least once a year or after any significant life event. This ensures you understand what your policy covers and whether it meets your current needs. It’s also important to understand the specifics of what your insurance covers and any exclusions that may affect claims. For example, some policies may not cover other drivers unless they are explicitly named.
If you find that your current policy does not adequately cover your needs—especially considering who might be driving your car—consider adjusting your coverage. This might mean increasing liability limits or adding drivers to your policy. If you’re unsure about any aspect of your coverage, a discussion with your insurance agent can clarify coverage details and help you make informed decisions about potential changes.
Speak to an Alpharetta Car Accident Lawyer
Dealing with a car accident can be stressful, especially when someone wrecks your car. Understanding your insurance coverage, the implications of permissive use, and the responsibilities involved are crucial for managing these situations effectively. By taking proactive steps to review your insurance policies and set clear boundaries for permitted drivers, you can mitigate potential risks and financial liabilities.
However, even with all the right precautions in place, accidents can still happen. Should you find yourself in such a situation, especially as an injured passenger, seeking legal advice from an experienced attorney is often the next best step.
At Horst Shewmaker, we can answer your questions, help you address any concerns, and work with you to achieve a favorable resolution. To learn more or schedule a free consultation with a personal injury lawyer, call 404-400-1175 or contact us online today.
Related: Top Mistakes to Avoid After a Car Accident in Alpharetta
