Legal Implications When Someone Else Crashes Your Car
If your vehicle was involved in a car accident but someone other than you was driving at the time, it can be challenging to understand whose insurance must pay for the damage. In general, automobile insurance is connected to the car, not the driver. However, car accident lawyers in LA explain tha tcoverage will depend on the circumstances.
Borrowed With vs. Without the Owner’s Permission
One of the main considerations for insurance coverage is whether an individual drove the car with or without the owner’s permission. Permissive use of a motor vehicle will generally result in the owner’s insurance company covering the accident.
With permissive use, your automobile insurance will likely provide primary coverage if the person driving is at fault. Your insurance will cover a victim’s damages up to the limits of your policy before the victim’s insurance will apply. If the other party is at fault, on the other hand, that driver’s insurance will provide primary coverage.
If you gave your express or implied permission to someone else to drive your car, your insurance coverage will apply to a car accident that takes place. However, there are exceptions for drivers who are specifically excluded on your policy.
Drivers who do not have valid driver’s licenses and drivers who were engaging in illegal or reckless behavior, such as driving under the influence, will also be excluded. In these scenarios, your insurance company may deny coverage even if the individual had your permission to drive the car.
Stolen Vehicle
If someone borrows your car without permission or steals your vehicle and crashes it, your car insurance company may deny coverage. This is why it is important to control who has access to your car keys within your residence. In this scenario, the driver who took your car without permission could be individually liable for your losses. However, he or she may not have insurance or assets to pay.
Specialized personal injury lawyers in Los Angeles suggest it is important to gather ample evidence if someone crashed your car after taking it without your permission. You must prove that the individual did not have your consent. You may also have to show that you did not leave the keys in an easily accessible place. Otherwise, your insurance company may argue that you were negligent in failing to prevent the individual from taking your car.
Minors Crashing Their Parents’ Cars
Special rules apply to cases where children under the age of 18 crash their parents’ cars. In general, if a minor causes a car accident, his or her parents face parental liability. This means they are held vicariously liable for the accident and related damage as the legal guardians of the minor. Parental liability applies when a parent signs off on a minor’s driver’s license forms.
In some cases, a parent could be accused of negligent entrustment of a vehicle to a minor. This could shift the blame for the accident to the parents. Negligent entrustment means the parents knew or reasonably should have known they were giving the car to a careless, unqualified, unlicensed or reckless driver. In this situation, parents could be liable for victims’ pain and suffering damages in addition to medical bills and property damage.