Accident attorney guide to can someone else drive my car?
Many times we borrow cars from our friends and relatives and drive freely with no worry about car insurance coverage issues in case of a car accident. Car insurance laws are different in every state, and also car accident laws vary from one state to another.
Have you tried to enquire from an experienced car accident attorney or from your insurance agent for the best guide? Can your son drive your car? can you drive a borrowed car if you have no personal insurance coverage?
If someone is uninsured but is driving an insured car, who pays after the car accident? Should any person that drives your car be added to your car insurance policy? Finally, does car insurance coverage follow the car or the driver?
Generally, many insurance companies allow someone else under your permission to drive your car. However, many car insurance companies restrict the type of driver you should grant permission to drive your car as we shall see later in this post.
Below are what this article covers upfront.
Page Contents
Does car insurance follow the driver or the vehicle?
According to WalletHub, there are more than 5000 car insurance companies in the USA today. The 3 largest car insurance companies in the USA are State Farm, AAA, and Allstate insurance companies.
Car insurance laws and regulations differ from one state to another. In some states, car insurance coverage follows the car, while in others the insurance coverage follows the driver.
The 9 states whose laws require car insurance coverage to follow the driver, rather than the car include:
- Connecticut
- District of Columbia
- Kentucky
- Massachusetts
- New York
- North Carolina
- Oregon
- Rhode Island
- Virginia
The largest portion of states in the USA have laws that require car insurance coverage to follow the car, rather than the driver. In general, the following 10 states follow the “car insurance follows the car” rule:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- Florida
- Georgia
- Hawaii
So as you can see guys, you need to check with the laws of your state to see if you will be covered by driving someone else car. There are so many ‘housekeeping’ things to do with car insurance coverage you need to know, of which some we explore further in this article.
If someone is driving my car and gets in an accident who is responsible?
The driver that is driving your car at the time of the accident remains liable for the accident case, and is answerable for all the damages or compensations that the accident victim is entitled to. However, there are some restrictions I am here to explain.
If you permitted the driver to drive your car, then your insurance policy should cover the damages as long as your policy allows you to lend your car. Some insurance companies may deny coverage if the person you permitted to drive your car is unlicensed or driving under the influence.
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Can someone drive my car if they are not on my insurance?
Yes and no. Someone driving your car if he/she is not on your insurance policy depends on many factors. For instance, probably your policy allows permitted people to drive your car.
Some other insurance companies require you to list all possible drivers on your policy. If some other person not listed on your policy crashes your car, you will be denied coverage. Better ask your insurance agent or ask an experienced accident attorney who is well versed with your state’s car insurance laws.
Can my son drive my car if he is not insured?
If your son is named as a potential driver on your insurance policy, sure, he can drive your car. But remember adding teenagers to your policy drives higher your car insurance rates.
In states where car insurance follows the car rather than the driver, yes your son is free to drive your car but only if you granted permission. According to some insurance companies, you will be held partially liable if the car accident is due to DUI with a person you permitted to drive your car.
If I let someone borrow my car and they get in an accident?
If you let someone borrow your car and he/she gets into an accident, you the owner of the car are liable for all the injuries and losses caused to another party. If you permitted the driver, your insurance should provide coverage for the accident.
Assume you the owner of the car carry $40,000 as your liability policy limit, and the driver (one who borrowed your car) has a liability policy of $30,000. Assume the injured person sues for damages with $50,000.
Your policy (car owner) is the primary payer so, you will pay your policy limits of $40,000 while the person that was driving your car will top it up with $10,000 from his/her policy to make $50,000 being demanded as damages.
The other downside is that this car accident will go to your record and this means higher insurance rates on your next renewal. If in the state the accident happens has laws where car insurance follows the driver rather than the car, then your insurance coverage becomes the 2nd payer rather than the first.
Can I drive a car that is insured by someone else?
Yes, you can drive a car that is insured by someone else if his/her personal insurance company permits so. You can also drive someone’s else car if you carry non-owner insurance coverage.
Driving someone else’s car solely depends on the car insurance covering the driver or car. You should first consult the insurance company before you give out your car to another person. Some insurance companies want to penalize you if anything happened to your car while is lent.
What happens if someone else is driving my car and gets in an accident without insurance?
It is illegal to drive a car without insurance coverage. The penalties for driving an uninsured car are numerous and depend on many circumstances.
According to Morgan and Morgan car accident attorneys, the penalties for driving an uninsured car in the USA include paying fines, jail time, and suspension of your driving license.
If someone else driving your car gets into an accident without insurance, that driver will be personally responsible for the injuries and property damages he/she caused in the accident.
The driver will be asked to pay damages from their own pockets and could also face fines, jail time, and also suspension of his/her driver’s license. You the car owner could also be sued to cover additional damages if the other person driving your car has limited income/assets to pay damages.
Can someone else drive my car geico?
Does Geico cover someone else driving my vehicle? the answer is yes. Geico allows someone else you permitted to drive yours as long as he/she does not drive it more than 12 times a year.
However, Geico gives restrictions on who should drive your car with permission. For instance, Geico restricts certain age limits and the person driving your car should have a valid driving license. Geico could also penalize you if the person driving your car under DUI caused an accident.
Can someone else drive my car progressive?
Just like Geico, progressive allows someone else to drive your car as long as he/she is of a certain age and has a valid driving license. But what you ought to know is that laws and guidelines are subject to change and soon you may find different stories.
Progressive car insurance restricts you from lending out your car to drivers of a certain age and also to drivers at risk of DUI. According to personal injury laws, both you the lender, and the person who borrowed your car are liable for the accident the car is involved in.
After exhausting a possible source of damages the injured person is entitled to, car accident attorneys usually will come after the owner of the car for negligently lending out his car to a careless person. This means the owner of the car could also be dragged into the car accident lawsuit to pay additional damages.
If I have a DUI can someone else drive my car?
According to Drunk Driving Statistics & Research 2022, at least 10,511 people in the USA dies yearly due to alcohol-related car accidents. A driver that is found drunk driving faces lots of legal actions including charges of felony, paying fines, and jail time.
I do not recommend letting someone else drive your car if you have a DUI because once you are involved in the accident, you could be partially liable for the injuries and property damages.
Additionally, if have a DUI and someone else is driving your car, your insurance coverage will deny you coverage should you get involved in a car accident.
In California, the driver that is drunk while driving is only penalized rather than the owner of the car. But do not forget you could be dragged into personal injury lawsuits if the other party decided to sue for damages recovery.
Under the same law in California, an intoxicated passenger can not be charged with any DUI offense but could be dragged into investigations of the case.
Conclusion.
Accident attorney guide to can someone else drive my car? The answer is yes. But it depends on your car insurance company. You should check with laws in your state, and also find out restrictions on who should drive your car as stated in your insurance policy.
