You borrowed your friend’s car because yours was at the repair shop or for some reason you could not use it. Your friend agreed to give you the car because you are a good driver but unfortunately, you got into an accident and their car is damaged beyond repair. Your friend is thankful that the accident wasn’t fatal but now there’s one question that needs to be answered…
When determining car accident liability, who pays if it’s a borrowed car?
The Car Insurance Company Should Pay
Contrary to popular opinion, car insurers do not attach car insurance to the driver. As long as the owner of the car is up to date on premium payments, the car insurance company will be the primary source of coverage if an accident occurred.
In your case, your friend’s liability coverage should pay for any damage caused to the other driver up to the policy limit. If their coverage isn’t enough then you would have to cover the rest with your insurance cover.
On the Other Hand, Your Friend Might not be Liable for Damages
There are some instances where your friend might be excluded from paying for damages and they include:
- You are specifically excluded from the insurance policy
- You stole the car or borrowed it without permission
You might be excluded from the insurance policy because some car insurers only cover licensed members of one household. If you are not listed as part of your friend’s household then the insurer will not pay for any damages you caused in the accident. Secondly, your friend might have excluded you because you have a previous DUI conviction and listing you would only jack up their premium rates. This means that you would have to pay for any damages or injuries caused to the other driver.
If you stole or borrowed your friend’s car without permission then she won’t be held liable for your actions. On the other hand, if she gives you the car knowing that you are an unlicensed driver or that you are intoxicated then she will have to pay for any damages caused if you get into an accident.
What Happens After the Car Accident?
Regardless of whether the accident was your fault or not, there are certain things you have to consider and one of them is documenting the incident to not only ensure that you receive compensation but to also ensure that you absolve yourself from the car accident liability.
Documenting includes:
- Taking contact information from every party involved in the accident including the other driver’s car insurance information.
- Take as many pictures as you can of the accident scene from different angles. Take pictures of the condition of the road, the angle at which the cars rested after colliding, the condition of the weather, a picture of your injuries, etc. If possible take a picture of the driver and their license plate number.
- Call the police so that they can write a report
- Talk to any witnesses present and take their contact information in case you need them to testify should your case go to trial or if your insurer denies your claims
- Make sure you go to hospital and get a doctor to document your injuries as well as how much you spent on medical treatment
- Keep a daily journal of your recovery process
All these steps are necessary if you hope to get fair compensation for an accident that was not your fault.
How to Determine Who’s to Blame in a Car Accident
Car insurers will consider a few factors before determining who is to blame for a car accident. This is why it’s important to understand how car accident liability is determined to ensure that you do not end up being held liable for an action that wasn’t your fault.
Get Professional Legal Help Today
Determining fault is not as easy as it looks especially if you were involved in an accident with a borrowed car. In some cases, a third party might have been responsible for the accident. For instance, the car manufacturer might have installed faulty brakes and in such a case, you would need to file a product liability suit against the car manufacturer. In other instances, you might assume liability when in fact the other driver ran a red light and therefore caused the accident.
If you are in Hyannis, MA, we can help you with your case and ensure that you are properly compensated. Contact us today at 508-775-1660 for a free initial consultation.
