Massachusetts has been ranked as the most generous state in the US. Generosity is a valuable trait that can strengthen your social connections and even improve your health.
But there is one situation where being overly generous can land you in trouble. Lending your car to a friend can feel like the most natural thing in the world, but if they wind up in a crash, you might shoulder some of the responsibility.
Are you wondering, “What happens if someone else is driving my car and gets in an accident?”
Continue reading to find out who is liable if someone else driving your car got into an accident.
Whose Insurance Applies if Someone Else Is Driving My Car?
If your vehicle is involved in an accident while someone else is driving, one of the first questions you might have is whose insurance applies.
Liability usually follows the driver, while coverage follows the car. In other words, your insurance policy could be the primary coverage for the accident if the driver is uninjured.
Your Insurance Will Probably Cover the Damages
Here in Massachusetts, we follow a no-fault insurance system. If there is an accident, each party’s insurance covers the medical expenses and damages for their policyholder.
The no-fault system is meant to speed up the claims process so injured parties can receive prompt coverage for their medical costs.
If your car is in an accident while someone else is driving, your personal injury protection and liability coverage might cover the injuries to the driver and any damage to your car.
Your Liability Coverage Might Also Kick In
Besides covering any damages to your car, your insurance might also cover the damages and injuries sustained by the other vehicle and its occupants.
If the person driving your car is at fault for the accident, then your liability coverage could apply.
The Driver Might Need to Claim From Their PIP Coverage
Although the car owner’s insurance is usually the first to come into play, there are situations where the driver might also need to claim from their insurance.
For instance, if the driver suffered injuries during the accident, they may need to claim from their Personal Injury Protection (PIP) coverage.
Besides reducing the demands on your policy, this can also speed up the claim process. As we outlined above, the no-fault system in Massachusetts is meant to speed up the time it takes for injured drivers to claim for their medical costs.
If the driver can do this directly through their own carrier, this can be simpler and faster.
The Driver’s Insurance Might Offer Additional Coverage
If the medical costs and repairs exceed your coverage limits, the driver’s insurance might be able to fill the gap.
If the person who was driving your car has insurance (which is required by state law in Massachusetts), they can file a claim with their carrier for excess coverage for the accident.
What if a Friend Crashed My Car and Doesn’t Have Insurance?
If the person driving your car doesn’t hold insurance, you might be able to claim the shortfall from your own insurance.
Do you hold uninsured or underinsured motorist coverage? If so, this part of your policy might cover the shortfall.
Take note, however, you should never knowingly lend out your car to someone who doesn’t hold insurance. Can insurance is mandatory in a lot of states.
Here in Massachusetts, drivers have to hold a minimum level of auto coverage to legally drive a vehicle on a public road.
If you loan your vehicle to someone who’s not covered, and they cause a car accident, you could be held partially to blame.
You Could Still Be Legally Liable for an Accident if Someone Else Is Driving
If the person you lent your car to acted negligently, they might assume liability for the accident. However, there are also certain circumstances where you as the vehicle owner might assume negligence.
For instance, if you lent your car to someone without a license or someone who was inebriated, you could be liable for the accident. Massachusetts has some of the strictest drunk driving laws.
Lending someone a vehicle while they’re inebriated can be an act of negligence.
In this case, your liability insurance will have to cover the damages.
Notify Your Insurer if You Frequently Lend Your Car to Someone
Massachusetts law typically allows for what’s known as “permissive use.” In other words, if you lend your car to someone who isn’t explicitly excluded in your insurance policy, they should still be covered by it if they cause a car accident.
However, insurance policies can differ widely, and some might have specific clauses around who can drive the insured vehicle. If you dig into the fine print, you might find that you’re not insured for certain things if someone else is behind the wheel.
It’s a good idea to review your policy and get clear on this point. You can also speak to your insurance provider.
If you are going to lend your car to someone on a regular basis, it’s also a good idea to let your insurance carrier know. They will be able to tell you if your normal levels of coverage still apply.
If not, your insurance provider might allow you to add them as an “approved driver.”
If you don’t inform your insurance company of any regular drivers of your vehicle, this can add complications to the claims process.
Get Legal Help
If your car was in an accident with someone else driving, it could be important to seek legal help. By hiring an attorney, you can ensure that the insurance companies involved play by the rules.
You may need to deal with multiple insurance companies, both of which might lowball you and try to pay out less than what’s fair.
What Happens if Someone Else Is Driving My Car and Gets in an Accident? It Depends
Car accident cases are almost never clear-cut, and if someone else was driving your car, it can get even more complicated.
What happens if someone else is driving my car and gets in an accident? It really depends on the individual situation, the reason for the accident, the state of the driver, and the specific insurance policies involved.
Don’t be left with the short end of the stick. Our lawyers have earned a reputation for being relentless advocates.
Contact us to discuss your case for free.