Car insurance covers your car, not the driver. So, if you lend your car to another driver and they get involved in an accident, your insurance company would be responsible for the claim (it would depend on the coverages in your policy). The claim would go on your insurance record and may affect your insurance rates in the future.
Determining whose car insurance applies in case of someone else is driving your car and gets in an accident, depends on various factors.
If your car was crashed in an accident while operated by someone else, seek an Indianapolis car accident attorney to review your case.
Who Is At Fault If Someone Else Crashes My Car?
Your car insurance coverage refers to your vehicle, instead of the driver. If another person was driving your car and they crashed it, and they’re liable, then your car insurance will cover the damages. If another party is at fault, their insurance company would cover the damages. I
You may wonder why the person who’s driving your car and has car insurance won’t cover the damages. Their coverage may work as secondary insurance to yours. A non-owner driver isn’t fully responsible. Your own auto insurance would be considered as the first coverage.
What if My Insurance Declines to Cover the Accident?
In some cases, the insurance company may refuse to cover the damage from the accident if another person was driving your car.
For instance, they could argue that someone took your car without your permission. Or, that the person driving your car has been excluded from your insurance policy. They could also deny the coverage if the driver was under the influence of alcohol or drug or has no valid driver’s license.
It’s difficult to prove if someone had permission to drive your car. So, if you didn’t let this person a permit and they crashed your car, you may end up paying for the damages.
Also, you may specifically leave a person off your insurance policy if they have a bad driving record. If you then still allow this person to drive your car and it ends in an accident, your insurance won’t pay those damages.
You’d be at fault if the person who drove your car was under the influence.
What To Do After Someone Else Ends in an Accident With Your Car?
After the crash, act fast (it doesn’t matter if the accident didn’t involve you). Make sure to seek the damages within the statute of limitations. Indiana’s statute of limitations is two years on personal injury cases. The time starts running from the date of the accident. Two years will pass quickly, so act fast, consult with an attorney, and start the process.
A skilled attorney will be of great help. Every accident is different and you can’t just assume that you’ll have the same way as someone else.
Document the Accident
Make sure the person who’s driving your car calls the police after the accident. This is a legal requirement, but it will also be a useful thing. The police will create a record of the accident which would help your insurance claim.
If you were involved in the accident, take photos, share info with the other driver, write down the time and date, and ask witnesses what they saw. If you weren’t in the accident, be sure that the driver who operated your car does all these things.
Do You Need a Lawyer?
Your attorney will review your case. If the accident wasn’t the fault of the person who drove your car, your attorney can make sure you can seek a settlement for the damages. Even if you weren’t in the car when the accident happened, the at-fault driver should be held liable for damages. The person driving your car may be injured and there will probably be damages to your car.
Insurance companies will work hard to underpay you or deny the settlement, so your lawyer can help protect your rights and fight for the settlement you deserve.
Be sure to understand the rules of your insurance policy and what it covers. Your attorney can look into this for you, as well.
If you need help from an Indianapolis car accident attorney, Rowe & Hamilton are here to offer you a case evaluation completely free of charge.
We have experience with such cases and won’t give up until we help you get your deserved claim.
Let us represent you; contact our office today.