What Happens if Someone Else Is Driving My Car and Gets in an Accident?

If someone else is driving your car and gets in an accident, your auto insurance will cover the accident, considering it to be “permissive use.”

This assumes that the driver has your permission to use the vehicle, is a legally licensed driver, and was not driving recklessly or under the influence. Speak with a New Orleans car accident lawyer today.

What is “Permissive Use”?

Permissive use is a common rule in auto insurance policies that covers drivers not listed on your policy if someone else is driving your car and gets in an accident.

There are several scenarios in which your auto insurance would provide coverage for someone other than you if they are in an accident while driving your car.

This rule generally applies when:

• The driver does not live in your household
• The driver does not regularly drive your car
• The driver has a valid license
• The driver is sober and can legally and safely operate the vehicle
• The driver has your explicit or implicit permission
• The driver is not specifically excluded from your policy

Even if the other person driving your car is covered, a claim can still affect your auto policy, leading to an increase in premiums. Working with an experienced lawyer can help ensure you are legally protected and fight to secure a settlement for the damages to your vehicle.   

Not All Drivers Are Covered

Certain drivers would not be covered under the permissive use portion of your auto insurance policy. It is important to identify who does not qualify so you can provide them with permanent or temporary coverage or deny them access to your vehicle. 

To ensure that those who frequently use your car or live with you have coverage, you must add them to your policy. 

If a driver does not hold a valid driver’s license, insurance will likely not cover them if they are in an accident. Additionally, if it can be proven that they were driving intoxicated or recklessly, your insurance provider will likely fight it. 

If there is an emergency, this can complicate things. In some scenarios, your insurance carrier may look at the situation, determine it was a true emergency, and cover the accident, but this is not always the case.

Working with an experienced attorney can help you make your case with insurance and help increase your chances of winning a car accident lawsuit.

What If Your Car Insurance Will Not Cover the Accident?

There are scenarios in which your car insurance would not be responsible for coverage if someone else is driving your car and gets in an accident.

If this is the case, their car insurance may provide coverage, such as personal injury protection (PIP), but that is generally the extent of the coverage.

If the other driver is not insured, the situation could fall under Louisiana’s No-Pay, No-Play law (HB434). This statute is such that if a driver is uninsured or underinsured, they may not be able to sue for damages, even if they would otherwise be entitled to them. 

Before allowing anyone to drive your vehicle, it is important to ensure they are legal and would fall under permissive use regulations to avoid being left in a situation where your car is damaged, and your insurance will not cover any repairs. 

Louisiana Negligence Law and Determining Fault

Determining who is at fault in an accident, regardless of whether you or someone else is driving your car and gets into an accident, is crucial information for ensuring the proper payments are made to victims. If the person driving your car is not at fault, you could be entitled to damages for the destruction of your property.

Louisiana follows a pure comparative negligence rule. This means that you may be able to recover damages, reduced by the percentage that you are found to be responsible for. For example, if you are found to be 50% liable, you can only recover 50% of the total payout you would otherwise be entitled to. 

This same principle applies even if someone else is driving your car at the time of the accident. If they were injured, they could be entitled to compensation, including reimbursement for medical bills, lost wages, and pain and suffering.

Working with a New Orleans personal injury lawyer can help ensure both of you receive proper settlements for what you’ve endured. 

What to Do Immediately if Someone Else Is Driving Your Car and Gets in an Accident

If you are not at the scene of the accident, there are still ways that you can protect yourself legally. Collecting as much documentation as possible and providing it to your attorney is one way to increase the odds of winning your case. Additionally, you can:

• Confirm the correct driver is listed in the police report
• Notify your insurer promptly
• Preserve evidence of permission
• Avoid detailed statements until you understand coverage and obtain counsel
• Consult an attorney

One of the best things you can do for yourself and the person who is driving your vehicle is to remain calm and level-headed. What you say and do following the accident can make a difference in the outcome of your case, whether or not the driver is at fault for the accident. 

Working With an Attorney Can Help Protect You Legally

When someone else is driving in your car and gets into an accident, there is much stress involved. Of course, you want to make sure your friend or loved one is safe and uninjured, but you also want to make sure you are not on the hook legally for an accident that occurred in your vehicle.

A skilled attorney can both prove the driver was covered and help you secure compensation for property damage and injuries.

Time is limited to file a claim. In Louisiana, you have two years to file before you are past the statute of limitations (Louisiana Civil Code Article 3493.11). Working with an attorney ensures that all documentation is filed correctly and on time, so you do not leave money on the table. 

Scott Vicknair Injury Lawyers Are Here to Protect You

For any car accident, regardless of whether you are the driver or not, Scott Vicknair Injury Lawyers are here as your dedicated advocate. You are entitled to every legal protection for the stress you have suffered through.

Call us today to schedule your free consultation and get the peace of mind you deserve.