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After loaning your car to a friend or family member, you get the disappointing call that they have caused an accident. What do you do? You’re probably worried about your friend’s safety but also about how you’ll get your car fixed and whether the other driver involved will sue you because you’re the vehicle owner.
Unfortunately, there are cases where you may be held personally responsible for the damages resulting from a collision someone else causes in your car. This is a tricky situation, but an Oklahoma car accident lawyer from Edwards & Patterson Law has the answers you need and can protect your interests.
Does Car Insurance Follow the Driver or the Car?
According to the Oklahoma Insurance Department, auto insurance follows the car, not the driver. However, you are responsible for ensuring you’re only allowing sober, licensed drivers to borrow your vehicle. Your insurance coverage may cover someone you permit to drive your car as long as you don’t knowingly allow an unlicensed or intoxicated driver to use your vehicle.
What If the Person Borrowed the Car Without My Permission?
Your auto insurance policy only covers the driver if you give them permission to drive your car. If someone borrows your car without asking, your policy won’t cover any damage they cause. They are responsible for any damage they do. Their policy may cover the accident victim’s losses and medical needs. However, it’s important to ensure your insurance company knows you did not give the driver permission to use the car. You may need to file a police report stating they used your car without permission. If there’s a dispute, it may be time to get a lawyer involved.
What If the Person Driving My Car Has Their Own Insurance?
Because car insurance follows the car, not the driver, if you let someone else drive your car and they cause damage, it’s your policy that will kick in first. However, if the driver causes damage that costs more than your policy limit, the victim may file a claim against the driver’s auto policy to recoup the balance.
What If the Damages Exceed My Policy Limits?
The victim in the crash may file a claim against the at-fault driver’s auto insurance policy to get the rest of the money needed to settle their medical expenses and other losses. Or they could try to sue you personally for the remainder of their losses. In that case, you will need an experienced car accident attorney to help protect your rights.
What Is Permissive Use?
Your car insurance policy likely has a provision called “permissive use.” Although the exact terms will vary from carrier to carrier and policy to policy, permissive use essentially allows someone not listed on your policy to drive your car. Many policies have a limit on permissive use, such as restricting auto-borrowing to fewer than 12 times a year for drivers not living in the same household as the policyholder.
What Is an Excluded Driver?
You can specifically exclude a driver from your auto policy. An excluded driver is forbidden to use the covered vehicle. Your insurance policy will not cover them. You may have a family member with a poor driving record, including multiple traffic violations or accidents. You don’t want their record affecting your policy, premiums, or coverage, so you exclude them.
It’s not just the policyholder who may want a driver excluded from your policy. Some insurance carriers may threaten to drop your policy unless you exclude an accident-prone family member.
What Is Negligent Entrustment?
You may be guilty of negligent entrustment if you knowingly allow someone who doesn’t have a valid license, is under the influence, or displays reckless behavior to drive your vehicle. If you let that person drive anyway and should reasonably know that they are not fit to drive, you may be responsible for any property damage and injuries they cause if they get into a wreck while driving your car.
Your insurance carrier may not honor any car accident claim filed against the policy if you are proven to have negligently entrusted that driver with the car. Proving negligent entrustment means proving that:
- You allowed the driver to use your vehicle.
- The driver was impaired, unlicensed, or otherwise incapable of safely operating the vehicle.
- You knew or reasonably should have known that the driver was unfit or incapable of driving the car.
- The driver was negligent when operating the vehicle.
- Their negligence caused the wreck and subsequent harm.
If your insurance company doesn’t cover the damage – and there’s a good chance they won’t – then you may be personally on the hook for all the losses the victims suffer.
What Is Vicarious Liability?
Vicarious liability is a legal tenet that makes a company responsible for the actions of its employees. In the context of motor vehicle accidents, the employees could include bus drivers, taxicab drivers, or delivery truck drivers. If the company employs drivers, the drivers are completing their tasks while on the job, and they get into a wreck, then the company may share liability for the damage their employed driver causes. This is often the case when a business allows the employee to use a company car while working.
Contact an Oklahoma Car Accident Lawyer
Do you need help navigating the aftermath of a wreck someone else caused while driving your vehicle? Or have you been harmed by a motorist who was driving a car belonging to someone else? These cases can be tricky. An Oklahoma car accident attorney from Edwards & Patterson Law can help you understand your legal rights. Call us today for a free consultation to discuss your situation and the best way to proceed.
