If you someone else happens to drive your car and they get into a car accident, then you may be confused about the incident and what needs to happen. While certain situations do require an attorney to sort out, there are a few simple questions that likely can be answered before you go to see a professional.
Am I Liable for Damages?
It makes sense that the person driving a vehicle is liable for damages to a car or other property in the event of an automobile accident. However, this is not always the case. In fact, when your car was driven, you probably gave permission for it to be taken. This is a case of permissive use and your insurance company covers the driver. This means that your insurance will be on the hook and not the driver's. Typically, the insurance covers your vehicle and not you. In a permissive use situation, your insurance company will likely increase your insurance premium to recoup their losses.
If for some reason you told your insurance company that someone would not be driving your car, but you allowed them to anyhow, then the damages from the accident will not be covered. For example, if you excluded family members from your policy who also happened to live in your home, then this is a situation where you may need to pay for expenses out of pocket.
What If Permission Was Not Given?
So, what happens if your car is taken without your permission? Well, if your car is stolen, you are not on the hook for the damages. However, your insurance company may not be willing to pay either, since the liability truly relies with the thief. Unfortunately, it can be difficult to get damages from the thief. This is one reason why criminals are often sued after an accident occurs.
If a friend or family member took your car without permission, then you may want to claim that this was not a permissive use. Unfortunately, this also means that you need to file a police report for the theft. Most people are unwilling to file claims against family members. In this situation, you will be liable for damages. It is often wise to seek your own damages from the friend or family member in civil court. This way you can help the other individual to avoid legal problems.
You should know that some thieves and outside family members will have car insurance policies that may cover damage, so this is something to look into as well. If the situation is complicated though, then insurance companies may all refuse to pay, so this is where a legal professional, like Ringsmuth Wuori, can come in handy.
