Personal Injury Lawyers


Who is Liable if my Car is Involved in an Accident but I was not Driving?

by The Brown Firm / September 20, 2017

car accident liabilityCar Accident injury cases can be very complicated due to the fact that every case is unique.

One of the main questions that must be answered when an accident occurs, is who is liable for the damages and compensation.

Check out this blog post to learn how police reports establish fault and affect compensation for car accidents

Thankfully, in most accidents, damages will be covered by one of the involved drivers insurance companies, usually whomever was liable for the crash, making financial recovery more likely.

However, what if the person who was driving one of the vehicles in the accident was not the owner of the car?

This creates a unique scenario that can actually complicate the process of filing a claim, although there are certain protocols that help to resolve this issue when it occurs.

The main concept to understand when it comes to accidents of this nature is that Car Insurance is insurance on the car itself, rather than the driver.

Therefore, as long as you have Car Insurance, your vehicle will most likely be covered if it is involved in an accident while someone else is driving.

Likewise, if the accident was determined to be the fault of the other driver, their insurance will be held responsible for damages.

But what if the person driving your vehicle also has insurance?

If the driver of your vehicle has their own insurance policy, then that coverage will act secondary to yours.

What this means is that your insurance will pay for the damages and other expenses up to your coverage amount, and if there is any leftover bill, the drivers insurance will cover it.

Are there any exceptions to these rules?

Liability in Georgia Auto AccidentsYes. There are exceptions to the above guidelines that can result in you being held liable or your insurance refusing to pay for the damages to your car.

One of the exceptions that can leave you hung out to dry is if the person driving your car was specifically excluded from your coverage.

Many times, people will exclude a driver from their coverage because they have a poor driving record, which would cause their insurance to be more expensive.

If you allow the excluded person to drive your car and they get into an accident, your insurance will not be obligated to pay for any of the resulting damages.

Another exception to these rules involves the state of the driver at the time of the accident.

If you allow a person to drive your car who is under the influence of drugs and/or alcohol, or they do not have a valid drivers license, you will most likely be held liable.

So what if someone takes your car without your permission?

If someone takes your car without your permission, you will still usually be stuck with being responsible for paying damages because it is difficult to prove whether permission was granted or not.

A few exceptions to this rule are if your car was stolen, used by a friend or family member, whether they are insured or not, your car insurance will usually provide coverage and pay for the damages.

Protect Yourself from Financial Responsibility

As we previously stated, every car accident is unique, and thus can lead to a unique outcome.

The best way to be prepared for unforeseen circumstances is to understand your insurance policy and follow the rules it sets out for you.

If you end up getting into a car accident, or someone driving your car is involved in one, the best course of action you can take is to contact a car accident injury attorney.

Personal Injury Attorneys are a specialized type of attorney who helps victims of car accidents recover their financial losses.My Car was in an Auto Accident in Georgia but I was not driving, who is at fault?

These legal professionals know the intricacies of factors that weigh into determining fault in car accidents and getting insurance companies to pay for the damages.

If you are concerned about a recent accident and would like to speak with a car crash lawyer, please click on the link below and receive a free consultation today.

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Tags: Georgia Car Accident Attorney


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