Permissive Use and Unlisted Drivers
Many auto insurance policies include something called “permissive use”. If you grant permission for someone to drive your car, that individual may still be covered under your insurance, even if they are not formally listed on the policy. Policies differ significantly, and some may specifically exclude an unlisted driver. Reviewing your policy terms is essential to clarify whether it applies when someone borrows your vehicle.
- Car insured but not driver: If the person driving your car is not on your policy, there could be limitations on coverage, depending on the language in the contract.
- Regular or frequent use: If someone regularly uses your car, the insurance company may require you to list that person as a covered driver.
- Exclusions: Some policies explicitly deny coverage for specific individuals or unlicensed drivers, so always check your policy documents.
Essential Steps After a Car Accident Involving an Unlisted Driver
When a car accident driver is not on the insurance policy, you may need to take extra steps to protect your interests. Here are some important actions to consider:
Ensure Safety and Gather Information
Check everyone for injuries and call emergency services if necessary. Once it is safe, collect names, license numbers, vehicle information, and insurance details from all parties. Take photos of vehicle damage, road conditions, and any visible injuries.
Notify Your Insurance Company Promptly
Even if the driver was not listed on your insurance, inform your carrier about the accident. Explain that someone who is not on your insurance was behind the wheel. Provide accurate details so your insurer can determine if permissive use applies.
Notify the Vehicle Owner (if You Borrowed a Car)
If you were driving someone else’s car, let the owner know right away. They should also report the collision to their own insurance company, as the policy usually follows the vehicle.
Consult a Car Accident Lawyer
A lawyer can help you understand what happens if a driver is not listed on an insurance policy and becomes involved in an accident. Legal counsel is particularly valuable if the at-fault driver’s insurer disputes liability or if the policy does not clearly address permissive use.
Document and Preserve Evidence
Take pictures or videos of the crash scene, and save all medical bills, accident reports, and communication with insurers. If liability is contested, detailed evidence can make a significant difference in the outcome of your claim.
Determining Who Is Responsible for Damages
Who Is at Fault for the Accident
If you or the unlisted driver caused the crash, your policy might serve as primary coverage up to its limits. If damages exceed those limits, or if you do not have comprehensive coverage, you could be personally liable. Conversely, if another driver is responsible for the accident, their insurance should pay for damages, regardless of who owns the car.
Insurance Policy Terms
A policy may cover an unlisted driver accident under permissive use, but some insurers specify that the driver must be named on the policy. If your policy excludes a driver not on the insurance, the financial burden could shift to your own coverage or to you personally.
Type of Coverage Involved
- Liability insurance typically covers damage caused to others in an accident.
- Collision coverage may help pay for repairs to your car, even if a non-listed driver was operating the vehicle with your permission.
- Uninsured/underinsured motorist coverage might apply if the other driver’s insurance is insufficient.
In Missouri, the driver who caused the accident is liable for the damages, and the driver’s insurer must pay damages up to the policy limits.
Additional Coverage Considerations
Auto insurance generally follows the vehicle rather than the individual. This concept is sometimes referred to as “insurance follow the car.” Under many car insurance policies, if you allow someone else to drive your vehicle, the owner’s car insurance policy will often step in to provide coverage for accident related damages—unless the driver is an excluded driver or the policy contains specific restrictions. An excluded driver is someone who is intentionally left off the policy, and any accidents they cause may not be covered. This situation can be especially critical if you have household members or a family member regularly using your own car without being listed on your insurance policy.
When a driver not listed on your insurance policy accident occurs, liability coverage under the vehicle owner’s insurer will typically apply up to the policy’s limits. The car owner’s insurance company may pay for medical bills and property damage associated with the collision. However, if the driver’s actions are not covered by permissive use provisions—such as in the case of a paid car sharing arrangement or when policy terms exclude certain drivers—the insurance coverage may be denied. In those cases, you or the unlisted driver could end up personally responsible for any accident related damages.
Common Situations Where Insurance May or May Not Provide Coverage
Car insurance cover can vary widely, and understanding how your policy operates will help you avoid surprises. If you borrow someone else’s vehicle for a quick errand or occasional travel, many policies will still cover you under permissive use. On the other hand, if you consistently drive else’s vehicle, the car owner’s insurance policy might require you to be added as a listed driver. Failing to do so can lead to complications when filing a claim for a car accident driver not on insurance policy.
Insurance cover other drivers in many circumstances, but there are exceptions. For instance, if an individual is using someone’s car for paid car sharing without the proper commercial endorsement, the insurance company could reject any claims. Likewise, if a vehicle is being driven by someone who is not licensed or specifically excluded, the policy may not provide coverage. Carefully reviewing your insurance policy language—especially the sections regarding permissive use and liability coverage—can help you determine your rights and obligations before an accident occurs.
Steps to Minimize Premium Increases
Insurance companies often raise premiums after a claim. To reduce the likelihood of substantial rate hikes, maintain clear communication with your insurer, promptly file accurate documentation, and consider adding any frequent drivers to your policy. This proactive approach may help safeguard your premiums and prevent coverage gaps.
FAQ about
Can someone drive my car if they are not on my insurance?
Yes, if the policy includes permissive use. However, if the car is insured but the driver is not specifically listed and the policy excludes them, coverage may be denied.
What happens if a driver is not listed on an insurance policy and has an accident?
Generally, the vehicle owner’s insurance might provide primary coverage. If the insurer denies the claim or if damages exceed the policy limits, the unlisted driver’s insurance or personal assets could come into play.
Will insurance pay if the driver is not on the policy?
It depends on your specific policy language and state regulations. Many policies include permissive use coverage, but some do not. Always review your policy or consult a lawyer to verify coverage.
Do you have to put all drivers on insurance?
You should list any regular or frequent drivers on your insurance to ensure comprehensive coverage. Failing to add a frequent driver can result in denied claims or policy cancellation.
What if the car is insured but the driver is not, and someone else is at fault?
If another driver caused the collision, that driver’s insurance typically covers damages, regardless of whether you are listed on the car owner’s policy. However, disputes can arise, so consulting a lawyer is often wise.
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) 386-7466 or filling out a contact form.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.