What Happens If You Crash in Someone Else’s Car?

If you are driving someone else’s car with permission and crash, you may have questions about whose auto insurance coverage applies and whether you could face personal liability. Indiana law provides a framework to answer these questions. The determination of financial responsibility depends on the circumstances of the crash. A knowledgeable car accident attorney can review your crash in someone else’s car and discuss your legal options for seeking compensation.

Who Is Liable in a Borrowed Car Accident?

Liability in a borrowed car accident depends on the details of the crash. If an automobile owner gave you permission to borrow a car and you then caused a car wreck, the car owner’s insurance generally provides primary coverage for the accident. If the losses exceed the auto owner’s insurance coverage limits, your auto insurance may provide secondary coverage if you have insurance.

If you are driving a borrowed car and another driver causes a collision, the at-fault driver’s negligence is the starting point for any car accident claim. You may have the right to file a claim with the at-fault driver’s insurance company and seek compensation for your medical expenses and losses.

Car accident cases can be more complicated if you are driving someone else’s car when a car crash occurs. A knowledgeable car accident lawyer can evaluate your insurance coverage when driving someone else’s car and how it applies to your accident.

Does It Matter If I Had Permission to Drive the Car?

Yes. The vehicle owner’s consent to your use of their car may affect how the courts evaluate responsibility for the crash. If you had the owner’s permission, it’s much more likely that the automobile owner will share any potential financial liability if you caused the crash.

If someone drives a car without the owner’s direct or implied permission, this is known as non-permissive use. If there are allegations that you didn’t have permission to drive the vehicle, the car owner’s insurance provider may decline to provide coverage for the accident. If another party is arguing that you took the vehicle without consent, an experienced car accident attorney can help you build a record that supports the correct version of events.

How Could Negligent Entrustment Affect My Auto Accident Case in Indiana?

Negligent entrustment is a legal theory that imposes liability on a vehicle owner who lends their car to someone they knew or should have known was an unfit driver. If the opposing side raises this theory, the car owner may be a defendant in a car accident lawsuit.

If the court finds the owner partially liable for entrusting you with the vehicle despite known risk factors, it may affect how fault gets distributed. Negligent entrustment arguments could also cut against you if they suggest you had a known history of unsafe driving. The impact on your case depends heavily on the facts of the case.

Can the Car Owner Sue Me If I Crash Their Car?

Yes, the vehicle owner can pursue a civil claim against you if you caused a crash that damaged their car. Whether you face actual legal exposure depends on factors such as the extent of the damage, your relationship with the owner, and whether your car insurance covers the incident. Some personal auto policies include coverage that extends to non-owned vehicles, which could provide protection in this kind of scenario.

Can I Be Issued a Ticket If I Have an Accident While Driving Someone Else’s Car?

Yes. Traffic citations follow the driver. If you committed a moving violation that contributed to the crash, a law enforcement officer may cite you regardless of who owns the car you were driving. In addition to fines and other potential penalties, a traffic ticket can affect your civil case by creating a record that opposing counsel may use to argue negligence on your part. If you received a traffic ticket in connection with a crash in someone else’s car, bring it to your attorney’s attention right away.

How Does Insurance Work If I Crash Someone Else’s Car?

If another driver caused the crash, you will likely turn to their liability insurance as your first source of compensation. Liability coverage is legally required insurance in Indiana.

Liability insurance pays for others’ losses when the policyholder (or another party driving their vehicle) is at fault. It doesn’t compensate the policyholder (or others driving their vehicle) for their own losses.

Your own auto policy can fill some gaps if your policy goes beyond the minimum coverage requirements.

The interaction between multiple policies can get complicated quickly. Insurers are notorious for trying to shift the blame and avoid financial responsibility for accidents. A personal injury attorney can help you identify auto accident responsibility and every available source of compensation and push back if an insurer tries to deny a valid claim.

What If the Car Was a Rental Car?

If you were driving a rental car and another driver caused a crash, their liability insurance will be your primary avenue for compensation, just as it would be in any accident case. If that coverage falls short, the rental agreement may extend some protection to you if you were an authorized driver and you purchased supplemental coverage through the rental company. Due to the complexity of these kinds of situations, it’s best to speak with an experienced attorney to learn more about your options.

What Are Some Steps I Should Take After Crashing Someone Else’s Car?

Here are some steps you can take after a crash in a borrowed vehicle to protect your legal rights:

• Immediately report the accident to authorities so the police can respond and prepare an official accident report.
• Seek prompt medical attention to diagnose your injuries and document your condition in your medical records.
• Take photos to document the crash scene and request contact details from the other driver and any witnesses.
• Contact the car owner as soon as possible and give them an accurate account of what happened.
• Report the accident to both the owner’s insurance company and your own.
• Keep copies of relevant records such as medical bills, repair estimates, and insurer correspondence.
• Contact a personal injury attorney as soon as possible for guidance about the steps you can take to seek compensation.

Contact an Indiana Car Accident Lawyer

If you have been injured in a crash while driving someone else’s car, you need answers to your questions about insurance coverage and financial responsibility. The team at Truitt Law Offices is here to help you understand your options. With more than 40 years of experience and over 100 five-star Google reviews from satisfied clients, our personal injury lawyers have built a reputation for results-driven representation that injury victims in Indiana can count on. Contact us today for your free consultation.

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