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What Happens If Someone Gets In An Accident While Driving My Car?
Am I liable if someone else drives my car and gets into an accident? The quick answer to this question is yes, and no. California law stipulates that car insurance follows the car, not the driver. If anyone gets into a car accident in your vehicle, your car insurance will be involved, and you may be held liable at some point. However, you may not be held entirely responsible, depending on the circumstances.
The Insurance Information Institute estimates that approximately 15.4% of California drivers were uninsured as of 2023. A collision with an uninsured driver can cost you in an accident.
In 2017, there were 193,564 injury crashes in California. This statistic includes 277,160 people injured and 3,582 fatal crashes. Accidents happen. Accidents are costly. They can be expensive today and tomorrow when your insurance rates go up. Keep reading to learn more about your potential liability when your vehicle is involved in a crash while you are not driving it.
Will My Car Insurance Cover Another Driver?
Again, the quick answer to this is yes and no, and also, it depends. It will depend on the kind of accident, the kind of insurance you have, and the kind of insurance your other driver has. California law stipulates the following minimum mandatory coverages for car insurance:
- Bodily Injury Liability: $30,000 per person/$60,000 per accident.
- Property Damage Liability Coverage: $15,000 minimum.
Meanwhile, there are certain optional coverages drivers may opt for:
- Uninsured Motorist Bodily Injury Coverage: $30,000 per person/$60,000 per accident.
- Uninsured Motorist Property Damage Coverage: $3,500 minimum.
Comprehensive and collision coverage is optional in California. Collision coverage is property damage coverage that will cover the cost of your vehicle up to its cash value in the event of a collision. Comprehensive coverage is very similar but refers to a “comprehensive” set of damages that could happen to your vehicle. That could include anything from a natural disaster, something falling on your car, or anything that damages your vehicle that is not strictly related to a car accident. When you have comprehensive and collision insurance, damages are covered regardless of who is at fault.
Car Insurance With Other Drivers In California
Several California insurance laws will help you when someone else drives your car. California car insurance covers your vehicle, not the driver. The types of insurance that will follow the car are as follows:
- Bodily Injury Liability — Covers driver and passenger injuries.
- Property Damage Liability — Covers damage to another driver’s car.
- Collision Insurance — Will cover property damage, no matter who drives.
- Comprehensive Insurance — Will cover property damage, no matter who drives.
If the driver you loaned your vehicle to causes damage that surpasses your coverage, their liability insurance may cover it. But this is after your coverage is maxed out. At the same time, California is an at-fault state. That means that while the insurance of the person found responsible for the collision may apply, because auto insurance follows the car, your policy will likely be the first to be used.
So, you may not be found liable at all. If someone else driving your car is involved in an accident, and it wasn’t their fault, the other driver will pay. Another benefit to you is that California is also a “pure comparative negligence” state. Victims of a collision can be compensated for damages depending on their negligence. Even when their degree of negligence is higher than that of the other driver, they can still be covered.
Again, this is likely to be covered by your insurance. In cases of minor collisions, the financial impact on your insurance may be less severe. However, liability may become more complicated with more complex crashes.
Kinds Of Car Crashes
There are some situations where you won’t have to worry if another driver gets into an accident with your car. However, what you have to worry about may be different in every situation. Here are some examples of kinds of car crashes where your potential liability decreases:
- The car was stolen.
- Another driver was at fault for the collision.
- All parties are insured.
You may have some complex insurance problems if the person you loan your car to is uninsured. If your vehicle’s driver was at fault without injury, vehicle damage would be covered by your insurance if you have collision coverage. You’ll also have to pay the deductible.
If the driver was at fault and there are injuries, your insurance may apply. Do not be confused about personal injury protection (PIP). This is a kind of insurance coverage in no-fault states and does not apply to California. The driver of your vehicle may have liability insurance to cover their injuries.
If they don’t have insurance, however, yours will be applied. Don’t be afraid to ask if someone has liability insurance before you loan your car. If your vehicle is stolen, you will not assume liability either in the event of personal injury to them. But your collision insurance will be used to cover your property damage.
Steps To Take That Can Help Reduce Liability
One easy way to reduce liability in any car accident is to follow the law. There are penalties for failing to do so, even if it seems complicated at the time. The driver of your car involved in an accident should also exchange information with the other driver.
If the driver is not available, such as when the accident happens in a parking lot, for example, your driver needs to leave a note or phone number with the vehicle. That is, if there is only property damage. The law gets more specific in the event of injury. California Vehicle Code Division 10 Section 20008 stipulates that somebody must make a report to the California Highway Patrol in the event of an injury or death.
That report must be made within 24 hours of the accident. If the driver is unable to do so due to injury, another occupant can make the report. It’s not a good idea to wait on that, though. Division 10 has stipulations from Section 20001 to Section 20013 that cover additional steps you must take, depending on the situation.
The person driving your car still needs to stop the vehicle. The law also requires that the vehicles be moved to a location where they will not impede traffic. This action must happen right after the accident. Additionally, your driver and the other motorist must exchange information.
You must also take action quickly if you intend to pursue legal damages. California law provides a three-year statute of limitations in the event of only property damage. If damages are being pursued for personal injury, the statute of limitations is generally two years.
Contact Our California Injury Lawyers To Discuss Your Case
Car accidents are stressful even in the easiest of situations. They may get more complicated if you loaned your vehicle, but it doesn’t necessarily have to be the case. An experienced California car accident attorney can help you navigate this process and assist you in pursuing compensation for your losses.
Even if another vehicle causes the accident, any injury in your life, even to a loved one who borrowed your car, is going to cause some stress. In many cases, you may seek compensation for their injuries and property damage to your vehicle.
Find out if you have a case by contacting Arash Law, California personal injury lawyers with decades of collective experience. Our firm represents clients throughout California, including those in San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks. Call (888) 488-1391 or contact us online to schedule your free initial consultation. You can contact us at any time, and our legal representatives will respond to your inquiries.
