In most cases, California car insurance covers the car and not the driver. But it is not recommended to drive someone else’s car without car insurance. It is important to know that you must be given permission to drive another person’s car in order for the car to be covered by the driver’s insurance. This would be classified as “permissive use” within a car owner’s insurance policy.
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.
Contact a California Car Accident Lawyer
If you or a loved one has suffered injuries due to a car accident in California, the Accident Attorneys at Maison Law are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up if you’re not liable for the accident. We’ve managed numerous car accident cases, and we specialize in protecting drivers from liability as well as reaching successful car accident settlements. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until we’ve won your case.
