Who’s Liable if Someone Else is Driving My Car and Gets in a Car Accident?

Hoffspiegel Law Blog

Following a car crash, one of the main questions is, “Who is liable for the accident?” However, things can get complicated when one of the drivers involved in the accident is not the owner of the vehicle. 

If another person was involved in a car accident while driving your car in Georgia, you might worry that you could be responsible for the damages. In order to understand who is liable for the damages, it is essential to determine whose fault caused the accident. 

The Person Driving Your Car is at Fault

If the person behind the wheel of your car is deemed at fault for the collision, the other driver involved in the accident would have to file a claim against your auto insurance policy. 

Yes, even though you were not the one driving your car, the injured party would still be able to seek compensation through your auto insurance. However, your auto insurance policy would only pay for the other driver’s damages in two situations:

  1. The driver of your car had your permission to drive; or
  2. The driver who operated your vehicle is listed on your insurance policy. 

However, if your auto insurance policy is not enough to cover the damages, the injured party may be able to file a claim against the auto insurance policy of the driver of your car. In that cases, the driver’s auto insurance would kick in to cover the remaining damages. 

The Other Driver is at Fault

When the other driver (not the person driving your car) is at fault for the collision, that driver is responsible for the resulting damages. Thus, the person behind the wheel of your vehicle will need to file a claim against the at-fault driver’s insurance company. 

3 Situations When Your Auto Insurance May NOT Cover the Accident

When another person is driving your car, there are three situations in which your auto insurance may not provide coverage, even if the driver of your car caused the accident:

  1. The driver did not have your permission to drive your car. If the person was driving your vehicle without your permission, he/she might be held liable. 
  2. You specifically excluded that person from your auto insurance policy. You can exclude people from your auto insurance policy. When this happens, your insurance policy cannot be used to pay for the resulting damages, even if the driver had your permission to drive your car. 
  3. The driver violated the law. If the driver violated the law while operating your car, your auto insurance policy would not cover the accident. For example, if the driver was underage, did not have a valid driver’s license, or was driving while intoxicated, your auto insurance would not cover the resulting damages. 

Speak with an Atlanta Car Accident Lawyer

It is essential to contact a skilled attorney to review your specific situation and determine liability in your case if someone else was driving your car and got in a car accident. Contact our Atlanta car accident lawyers at Hoffspiegel Law for a case review. Call (404) 760-8600

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