What if Someone Drives My Car and Gets in an Accident?

Your friend asks to borrow your car for the day while theirs is in the shop. Or maybe a relative needs to use your van in a move. You say “yes” and hand over the keys, only to get a call a few hours later–your friend, relative, or whomever you allowed the use of your car–has gotten into an accident.

Your first concern is everyone’s safety, but then you realize you need answers to a question no one ever wants to ask. “What happens if someone else is driving my car and gets in an accident?”

A Rhode Island car accident lawyer from Gemma Law Associates, Inc., can help you find the answers you need and provide sound legal guidance should complications arise. We will review your policy and handle conversations with your insurance companies and representatives from others involved to keep your best interests protected. We have been serving residents of Rhode Island for 40 years, and we are here for you.

Rhode Island Car Insurance Requirements

Rhode Island requires all drivers to carry minimum insurance. Policies cover the person named in the policy and “any other person, as insured,” who uses the vehicle with “express or implied permission of the named insured” according to R.I. Law §31-32-24. Minimum insurance policies include:

• $25,000 for bodily injury or death of one person in any single accident
• $50,000 for bodily injury or death of two or more individuals in any single accident
• $25,000 for damage to or destruction of property of others in any single accident

Drivers also have the option of purchasing a “combined single limit” of $75,000. Under this type of policy, insurance companies pay for a combination of injuries and property damage up to $75,000. Keep in mind that minimum insurance comprises liability coverage, which means it pays for damages to other people when harmed in an accident you–or the driver of your car–caused.

Express and Implied Permission

“Express” permission is when you give someone verbal or written permission to use your vehicle. The friend or relative asked, and you said yes, handing them the keys. Implied permission is less direct.

For example, you may live with roommates. They are not named on your auto insurance policy, but you have allowed them to use your car. One night, when you are not around to give permission, they borrow your car to run errands, operating under implied permission–you had allowed them to use the car before, so they assume it is ok in this instance, too.

Think Before Your Lend

Do not lend your vehicle to people you cannot trust to operate it safely. For example, if you have a friend who drinks and drives, never let them use your car. Your knowledge of this person’s tendencies can be used against you should they cause an accident while driving your car under the influence.

The same applies to drivers with a history of driving violations or accidents. Consider the track record. Do not willingly put your vehicle–a powerful, potentially dangerous machine–under the control of an unsafe driver for the sake of everyone else on the roads and your own financial well-being.

Report the Accident

The Rhode Island Division of Motor Vehicles (DMV) provides steps to follow after an accident. Make sure the person operating your vehicle knows what to do after their accident. They must stay at the scene, provide their contact information, and call the police.

Rhode Island requires police reports for accidents involving injuries or fatalities when property damage exceeds $1,000 or when a driver hits an unattended vehicle or a domesticated animal. In borrowed-car situations, it is best to call the police even if the damage seems minor. As there are already complicating factors, having an official police report is best.

For a free legal consultation,Call 401.467.2300

Insurance Follows the Vehicle

In most cases, and when the person driving your vehicle has permission to drive it, your auto insurance follows the vehicle rather than the driver. This means if your friend gets in an accident and someone is injured, your policy should cover the damages. Of course, you will likely see an increase in your insurance costs.

But what if the damage sustained exceeds your policy? It is important to consider this question before letting anyone use your car or even just leaving your keys accessible. Be certain the person borrowing your vehicle has their own insurance and that anyone you do not want driving your car does not have easy access to your keys.

If damage exceeds the auto insurance policy, injured parties may sue the vehicle driver’s assets. If your friend or relative does not have insurance, the injured parties may seek other sources of coverage and look for ways to hold you accountable–perhaps using Rhode Island’s Civil Procedures to claim you were negligent and should have known better than to allow an unsafe driver control of your car. Having representation from a skilled car accident attorney in Rhode Island is the best protection–plaintiffs hold the burden of proof in personal injury claims, and your lawyer will fight to prevent them from putting the blame on you.

Stolen Vehicles

If someone steals your car and gets in an accident, it is unlikely you will be held liable for resulting injuries should injuries or damage to other vehicles result. Still, it is best to protect yourself through a partnership with a Rhode Island car accident attorney. If injured parties claim your negligence–perhaps you left your keys in a running car–contributed to the theft and subsequent damage, you will need an experienced legal advocate fighting for you.

You should also immediately call authorities to report your stolen vehicle. The sooner police are on the lookout and can apprehend the thief, the more likely they can prevent an accident. This fast action helps protect you from liability.

Your insurance policy typically covers damage to your stolen vehicle if it is recovered. Have a car accident lawyer in Rhode Island review your policy and handle communication with your insurance representative. Your attorney’s involvement will help ensure you get the coverage promised in your policy. 

Do Not Pay for Someone Else’s Mistake

Gemma Law Associates, Inc., is here to protect you from paying for someone else’s mistake. If your act of generosity leads to an accident, call on us for help. Our team has a car accident lawyer in Rhode Island who will review your situation, help you plan the next steps, and work to protect you from paying for the damage someone else caused.

Call or text 401.467.2300 or complete a Free Case Evaluation form