Allowing a friend, neighbor, or family member to borrow your car can be a kind favor. But what do you do if this individual is involved in an accident without being listed on your insurance? Generally, car insurance policies apply to the vehicle, not the driver, which means your policy will almost always provide coverage for a collision, even if someone else was driving your car at the time of the accident. When facing such a situation, a driver must still fulfill certain legal obligations and steps to protect legal rights in case liability is disputed in a car accident claim.
Depending on who is responsible for the accident, your insurance policy, the driver’s own insurance policy, or the third-party’s insurance policy, may cover accident-related damages. The lawyers of Goza & Honnold are prepared to provide a free comprehensive case assessment to help you understand your best legal options.
5 Steps to Take if You Were Involved in an Accident Using Someone Else’s Car
Similar to accidents involving your own vehicle, you must take steps to ensure your rights are protected. The following are five steps you should take if you were involved in an accident using someone else’s car:
1. Ensure Safety and Gather Information
Immediately after the accident, prioritize the safety of all parties involved. Contact emergency services if necessary and provide any required assistance. Once it is safe to do so, gather the following information:
- Driver information: Obtain the driver’s name, contact details, license number, and license plate number.
- Vehicle information: Note the make, model, color, and registration information of the vehicle involved.
- Witness details: If there were witnesses to the accident, collect their names and contact information.
You must report the accident in Missouri as outlined in Revised Statutes section 303.040 if anyone is killed or injured or in which property damages exceed $500.
2. Notify Your Insurance Company
Report the accident to your insurance company and notify them that you had an accident while driving someone else’s car. Provide your insurance company with accurate details of the accident so they may guide you through the claim process and advise you on the coverage options available to you.
3. Notify the Owner of the Vehicle
Notify the vehicle’s owner as soon as you can so that they may also let their insurance company know of the vehicle damage. Depending on the policy, it may still provide coverage even if you were not listed as a permissible user.
4. Consult a Car Accident Lawyer
Seeking legal counsel from car accident lawyers is highly recommended when dealing with an accident involving a driver not listed on your insurance policy. The skilled lawyers of Goza & Honnold can evaluate the specifics of your case, provide guidance on your rights and options, and help you pursue a favorable outcome.
5. Document and Preserve Evidence
To support your claim, gather and preserve evidence related to the accident. This can include the following:
- Accident scene documentation: Take pictures and videos of the collision scene, vehicle damage, and any visible injuries sustained.
- Medical records: Keep a record of medical treatments received, including doctor reports, prescriptions, and medical bills.
- Witness statements: If there were eyewitnesses to the accident, request their written or recorded statements as evidence.
- Police report: Obtain a copy of the official police report, as it can provide vital details of an unbiased account of the accident.
Obtaining evidence of negligence is key to recovering compensation for your injuries, even if you were injured while driving someone else’s vehicle.
Who Is Responsible for Damages?
Determining who is responsible for damages is dependent on the following factors:
Who Is at Fault for the Accident
If you were responsible for the accident, the vehicle owner’s insurer may be responsible for damages if the amount is relatively minor. However, if the damages are extensive, the coverage of the owner’s car insurance policy may not be enough. In these cases, your insurance company may be responsible for covering the remainder. If you don’t have car insurance or a sufficient amount, you could be held personally liable.
The Terms of the Insurance Policy at Issue
If you were not listed on the car owner’s policy, the insurance company may not cover any damages for injuries depending on the language of the policy. If that’s the case, you or your own insurance policy may be responsible for damages.
The Type of Insurance Coverage Available
If the other driver was responsible for the collision, it may not matter whether you own the car. In Missouri, the driver that caused the accident is liable for the damages, and the driver’s insurer must pay damages up to the policy limits.
Cases with disputed liability can become complex legal matters. It is in your best interest to consult with a legal professional. The lawyers of Goza & Honnold fight to ensure your legal rights are protected during the claims process and to help you obtain the compensation you deserve.
Contact the Car Accident Lawyers of Goza & Honnold
If someone was involved in an accident while using your car, you should consider reaching out to an attorney right away. The skilled lawyers of Goza & Honnold will thoroughly evaluate your situation and will provide you with the guidance you need to move forward.
Speak with one of our skilled car accident lawyers today by calling (913) 451-3433 or filling out a contact form.