In most cases, California car insurance covers the car and not the driver. So, if let’s say you let someone drive your car and they get into an accident, your car insurance would cover repairs to your vehicle, but not the damages done to the person.
When Insurance Does NOT Cover Damage Caused By Other Drivers
While it is common for car insurance to cover damage done to the vehicle, there are specific scenarios where they may deny an accident claim. For example:
- Non-Permissive Use: if a person uses someone else’s car without permission and they get into an accident, the car owner’s insurance may not cover damages, depending on their insurance policy.
- Commercial Activities: if a vehicle is used for commercial purposes, such as ridesharing, maintenance, or deliveries, a personal car insurance policy may not provide coverage. The driver would need to elicit a commercial auto policy or rideshare insurance.
- Rental Cars: when a car is rented, then the rental company’s insurance will typically provide them with coverage. However, the driver can opt for additional insurance for rental cars through their own insurance policy.
What Happens to My Insurance if Someone Else is Driving My Car and Gets into an Accident?
Say your friend borrows your car to grab some coffee and gets into an accident. You didn’t cause the accident, but your car is involved in a fender-bender. The following factors will determine whether or not you’re liable for your friend’s accident:
- The terms of your auto insurance policy
- If you gave your friend permission to use your car
Luckily, most car insurance policies insure the car and extend to the person driving it. However, not all policies are the same, so it is important to know what type of coverage you have if this happens. If your friend did not have your permission to take your car and got into a wreck, then you’ll probably want to consider speaking with an attorney, especially if your policy does not cover drivers other than yourself.
How Does Fault Work in a Car Accident Injury Claim?
In most states, the at-fault party’s insurance is responsible for damages. In California, however, the fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a car accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
FAQs
Q: Can I get car insurance on a vehicle not in my name in California?
A: No, you must have a financial stake in the car you are insuring.
Q: Can I put a friend on my car insurance?
A: Yes, some insurances even require you to have another person on your car insurance.
Q: Does adding someone to my car insurance make it cheaper?
A: It depends. If the person you are adding has a bad driving record, then your rate will go up. If they have a great driving record, then it could decrease your premium.
Q: Can I let anyone drive my car?
A: Yes, as long as you gave them permission and you’re aware of your insurance policy, it should not be a problem.
Contact a California Car Accident Lawyer
If you or a loved one has been injured in an auto accident, contact the experienced personal injury attorneys at Maison Law. Unfortunately, car accidents can result in life-altering injuries that prevent you from going to work, performing daily tasks, or spending time with family. At Maison Law, we understand how important recovering compensation from a vehicle can be.Our team of attorneys are standing by to help you get your life back. We do not charge any upfront fees for our service and you won’t pay a cent until we’ve secured a fair settlement on your behalf.
Contact us today for a free consultation and case evaluation to see what options are available to you.
