Driver Responsibility In A Borrowed Car Accident
I Loaned My Car To A Friend Who Was Involved In A Florida Car Accident. Am I Liable If My Friend Was At Fault?
Yes, you are equally responsible if you lend out your car. It is referred to as the dangerous instrumentality law, and Florida considers a car to be dangerous. If you give it to someone else, you're responsible for what they do with that car
Tip: It can be sometimes difficult to tell a friend that you will not let them borrow your car, but if something happens, you will be liable. When lending out your car, you should remind them to exercise care because you will be answerable if they cause an accident. We at Boca Law strongly believe that educating the public is the first step in preventing an accident.
How Does Insurance Apply When Another Person Drives Your Car?
Most people believe in a common misconception that when their friend or family member is driving their car, the driver is liable and that insurance applies to the driver. Yet, this is not the case because insurance applies to the vehicle. Therefore, your insurance still applies even when the person driving your car is not included in your insurance in case of an accident.
This may not appear to be a huge deal in case of a minor accident where no one is injured. However, the situation can speedily become complex if the accident is serious.
What Are Some Of The Car Accident Situations That May Arise?
You do not always need to worry about your insurance in some scenarios. If someone else is driving your car and gets into an accident, but the other driver was at fault, then the other driver's insurance will cater for the damages and costs.
If your friend is at fault for the crash, your insurance condition can get more serious. Your insurance is expected to cover the damages to the property if the crash does not cause any injuries. However, if the insurance does not cover collision damages, you will be required to cover the damages to the vehicle and also pay your deductible.
If there was bodily harm caused by the crash, Your insurance might be required to cover medical bills after personal injury protection coverage has been applied. In case of serious injuries and you owe more money to the victim to cater for the expenses of the injuries, then your friend's insurance may be used on top of yours to make sure that the victim gets the right amount.
Your friend may, however, not have any insurance at all. This is a risky situation because there is no insurance plan to cover the extra costs once yours is completely exhausted. Because it was your vehicle and therefore your insurance cover applies, you can be held personally responsible for catering for the rest of the costs, which could be damaging to you financially.
You should make sure that they have insurance coverage before letting your friend borrow your car. It may not be a good idea to let your friends drive your vehicle if they have no insurance because of the serious financial consequences you could have if they injure someone in a crash.
There are also some unexpected cases where someone could steal your car and then cause an accident. If this person is a stranger, you will not be held liable for the injuries caused to the other person if there are any, but the car damage expenses will be taken care of by your collision coverage.
If the person who stole your car is your friend, then the situation is very tricky because you would have to prove that they indeed took the vehicle without your permission. You will be required to convince the insurance company. If the company believes you, your friend's insurance will pay for the damages. If the insurance company does not believe you, you may need to contact a lawyer.
We are qualified personal injury lawyers, negotiators, paralegals, litigators, and staff that have worked to get people the justice they deserve. Contact Boca Law Firm 855-BOCALAW (262-2529) or Local: 561-395-0000 if your car has been involved in a serious accident. We have the resources and experience needed to obtain a fair reimbursement for you.