When someone else runs your vehicle instead of you, car accidents may get tricky. Because every circumstance is different, the other party may be held accountable for your property damage as well as the injuries sustained by the person driving your automobile. However, if the individual to whom you rented your automobile is at fault, it is up to your insurance policy to compensate the other party.
According to vehicle accident experts Wattel & York, if the individual in your car is not on your insurance plan, your insurer may not cover them. This is situational, which implies that everyone will have a unique experience.
It is dependent on your insurance
You may have an insurance policy that covers the person driving your automobile. Some insurance policies are linked to the vehicle. Others monitor the driver’s insurance coverage. Because of this technicality, you should not rent your automobile to anybody until you have contacted your insurance. Regardless of the vehicle you are in, inquire if your insurance coverage is related to your automobile or the driver.
State Insurance Regulations
Each state is unique, with some requiring insurance providers to cover persons once they are in your car. However, in Arizona, the automobile, not the driver, is normally protected by the insurance policy. You should also think about what is covered by your insurance policy, since you may have agreed to various restrictions.
Coverage For Comprehensive And Collision
The car is mostly covered by comprehensive and collision coverage. This covers any damage to your vehicle’s property. Property damage caused by an uninsured driver may also be covered. This implies that the individual who borrowed your car would be compensated for any damage they did to it.
Coverage for Liability
The driver of your car would likewise be insured for any liabilities for which they are liable. They may have crashed with another vehicle, for example. The liability coverage would cover all of the resultant losses.
If the driver of your vehicle is harmed, your coverage may cover their medical bills as well. This covers the other party’s medical fees as well as any other damages sustained as a result of the usage of your vehicle.
Provision for Permission to Use
Your coverage may also cover the driver of your vehicle. The authorization usage provision permits the individual borrowing your automobile to use it as if they were covered by your insurance policy. They are not required to be included on your insurance policy or identified as a member of your household, but they do obtain a permissive usage coverage. This implies they are likewise protected regardless of which of your vehicles they are driving.
If you deliberately omitted a driver from your vehicle insurance policy, they are no longer covered by the policy. They will not be covered by your insurance, therefore you will have to seek reimbursement from the borrower of your vehicle via an agreement or a settlement.
Driving Without Permission
In rare circumstances, you may not have given the other person permission to drive your automobile, and they may have stolen it without your knowledge. This may occur in the event of a theft, if the other party gained unauthorized access to your vehicle. You’d have to prove it, which may be challenging.
In most circumstances, a vehicle accident lawyer would urge you to seek police assistance in conducting a criminal investigation. They may then uncover evidence to demonstrate your insurance company how your automobile was taken.
What if the car borrower’s property damage exceeds the policy maximum?
The automobile borrower may be insured by their own car insurance, but in other circumstances, they must get health insurance or pay out of pocket. Your insurer will only provide the maximum bodily insurance coverage specified in your policy.
What Should I Do If I Can’t Afford the Car Borrower’s Damages?
If the person driving your vehicle was either not covered by your insurance or was covered but the amount was well in excess of the policy limitations, you should talk to them about paying for part of your losses.
Arizona mandates a minimum liability insurance policy of $55,000 for property damage, $50,000 for injury or death to more than one person, and $25,000 for injury or death to one person. Only culpability for physical harm and property damage is necessary. However, in rare cases, the losses may be so severe that they exceed the cost of your insurance. If the opposing party is seeking a settlement or you need extra funds to pay your losses, you should consult with an attorney to determine the next steps.
If the individual who borrowed your automobile is unwilling to contribute to the cost of repairs, it may be time to seek a settlement. They should be held liable for the damages if they are at fault for the crash. Your lawyer may gather information indicating that they were driving at the time of the accident and were negligent in some manner.
Car accident lawyers are excellent detectives who may uncover facts in your favor. They may collect police records, serve subpoenas on phone companies about cellphone use, and meet with witnesses on your behalf. They use a number of strategies to demonstrate how someone might be held accountable for damages in order to support a settlement claim.