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Moss Berg Injury Lawyer
- Who Is Liable when You Loan Your Car to Someone Who Has an Accident/
Moss Berg Injury Lawyers
Who Is Liable When You Loan Your Car to Someone Who Has an Accident?
It is so common for people to loan their cars to a trusted friend, neighbor, or close relative that you may not even pause to think about it when you toss over the keys. Why not? Their car is in the shop or their son, daughter, husband, or wife has their car. They just need to run a quick errand. You're busy. It's just easier to hand over the keys than to stop what you're doing and take the time to drive them where they need to go.
What could go wrong?
They leave with your car, and then, fifteen or twenty minutes later, you get the call. They are so sorry. They had an accident.
Who is liable? You should consult a personal injury lawyer, of course, but several factors are used to determine liability.
Residency
If you loaned your car to someone who lives with you, even if that person is a roommate and not a relative, that person may be considered a member of your household and might be covered by your insurance.
However, if you loaned your car to a relative who lives out of state but who is staying with you for a visit, that person may not be considered a member of your household even though he or she is related to you. To clarify the situation, it might be wise to add a roommate to your insurance policy if you think you might ever toss them the keys.
Permission
If you give someone permission to use your car, you are liable and any accident claims will go against your insurance. However, if someone steals your car or drives it without your permission, you are free of any responsibility.
Insurance Exclusions
Just as you can add relatives, friends, neighbors, and roommates to your policy if they might drive your car, you can remove or exclude someone from your policy if you think that you will no longer allow them to drive your car. If someone you've excluded from your policy later drives your car with your permission and has an accident, your insurance may not cover them, and you may be liable.
Fault
If the person driving your car isn't the one who caused the accident, then the other person is liable, and all claims will go against that person's insurance.
Policy Limits
In the case of a severe accident, the claims can exceed the amount that your policy will pay. If the person who was driving your car has insurance that covers driving a borrowed car, that person's insurance may fill the gap between the total claims and what your insurance will pay.
The Best Policy
The best policy is to carefully read your insurance policy to see who and what is covered before you loan your car.
It is so common for people to loan their cars to a trusted friend, neighbor, or close relative that you may not even pause to think about it when you toss over the keys. Why not? Their car is in the shop or their son, daughter, husband, or wife has their car. They just need to run a quick errand. You're busy. It's just easier to hand over the keys than to stop what you're doing and take the time to drive them where they need to go.
What could go wrong?
They leave with your car, and then, fifteen or twenty minutes later, you get the call. They are so sorry. They had an accident.
Who is liable? You should consult a personal injury lawyer, of course, but several factors are used to determine liability.
Residency
If you loaned your car to someone who lives with you, even if that person is a roommate and not a relative, that person may be considered a member of your household and might be covered by your insurance.
However, if you loaned your car to a relative who lives out of state but who is staying with you for a visit, that person may not be considered a member of your household even though he or she is related to you. To clarify the situation, it might be wise to add a roommate to your insurance policy if you think you might ever toss them the keys.
Permission
If you give someone permission to use your car, you are liable and any accident claims will go against your insurance. However, if someone steals your car or drives it without your permission, you are free of any responsibility.
Insurance Exclusions
Just as you can add relatives, friends, neighbors, and roommates to your policy if they might drive your car, you can remove or exclude someone from your policy if you think that you will no longer allow them to drive your car. If someone you've excluded from your policy later drives your car with your permission and has an accident, your insurance may not cover them, and you may be liable.
Fault
If the person driving your car isn't the one who caused the accident, then the other person is liable, and all claims will go against that person's insurance.
Policy Limits
In the case of a severe accident, the claims can exceed the amount that your policy will pay. If the person who was driving your car has insurance that covers driving a borrowed car, that person's insurance may fill the gap between the total claims and what your insurance will pay.
The Best Policy
The best policy is to carefully read your insurance policy to see who and what is covered before you loan your car.