Maison Law helps answer questions about the legal process after a car accident in California. While the vast majority of our clients are directly involved in car accidents, there’s also certain situations where you might not be, but still have issues to deal with. One of the most common situations like that is when someone else is driving your car and they get into an accident. Our experienced team can help you through the process. Contact us today for a free consultation.
What Happens If Someone Else is Driving Your Car and There’s an Accident?
It can be hard to wrap your head around a situation where you’re still responsible for the damage in a car accident when you weren’t driving at the time. But, this is exactly how the insurance works in California–it follows your car, not the person who’s driving.
So, while your insurance will take the hit in terms of the damage to other cars, you yourself might also be able to recover some measure of financial support if you were also injured in the accident as a passenger.
How Can You Recover Damages If Someone Else Was Driving Your Car?
When you’re hurt in a car accident that happens because of someone else’s negligence, it gives you the legal right to file an injury claim. This is true even in a situation where someone else is driving your car.
This is because liability for a car accident mostly falls on the driver of the car–because they were probably negligent in causing the accident.
With that, you can file either an insurance claim or lawsuit to recover damages like:
- Medical expenses and ongoing care needs
- Lost income or loss of earning potential
- Repair or replacement costs for your damaged car (as well as other property of yours that gets damaged)
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (in fatal accidents)
- Punitive damages, if the driver’s negligence was reckless or intentional
A crucial factor in recovering damages is filing your claim on time. In California, this deadline–known as the “statute of limitations”–is usually two years from the accident date.
If you miss this deadline, you lose your right to file a claim and recover damages, no matter how strong your case is. And in a situation as unique as this, it’s really important to do the right things to protect your claim.
What Can You Do to Protect an Injury Claim If Someone Else is Driving Your Car?
You have the same rights as anyone else that’s injured in a car accident if you’re not driving your own car at the time–unless of course you loaned your car and weren’t there when the accident happened. Still, being that there’s legal options in place for you, it’s important to take the right steps so that you can make your claim as strong as possible. Here’s how you can protect your rights:
- Call 911 – If it’s safe, get out of your car or make sure it’s off to the side of the road before getting out. Then, call 911 so an ambulance can come to the scene and provide medical care for anyone that’s hurt.
- Call the police – While on the line with 911, have them send the local police. This might be the city police, county sheriff, or usually the California Highway Patrol. They’ll take statements and gather information about what happened.
- Start getting evidence – If you’re able, take photos and videos of the accident scene, vehicle damage, and your injuries. Get contact information from witnesses, and note any details about what led up to the accident.
- Contact your car insurance company – Let your insurance company know about the accident and your injuries. Be clear about the fact that someone else was driving your car and provide any details they ask for.
- Keep track of expenses – Keep copies of your medical bills, repair invoices, and records of any lost income. These documents will help support the value of your claim.
Again, this is a pretty unique situation in terms of a car accident. When someone else was driving your car, it makes these steps–and the information you get from them–even more important to how your claim might play out.
How Maison Law Helps You When Someone Else Gets in an Accident While Driving Your Car
There’s no denying that a car accident caused by someone else driving your car is a pretty complicated situation. With these factors in place, it’s pretty clear that having our experienced team on your side is important–even if you’re not as seriously injured as someone else in the accident. Here’s how we can help you:
- Explaining all of your rights and options
- Investigating the cause of the accident to pinpoint who’s at-fault
- Helping you gather important evidence and information
- Guiding you through the insurance process
- Filing a lawsuit against the driver and anyone else responsible for your injuries
When you let someone else drive your car, you shouldn’t have to worry about them being in an accident and hurting someone–or even yourself. Unfortunately, these accidents can and do happen throughout California.
At Maison Law, our lawyers understand what you’re going through and can guide you through your options. Don’t wait–contact us today for a free consultation to learn more about how we can help if you’re in this situation.
