What happens when someone gets into an accident while driving someone else’s car?
In your typical car accident scenario, the injured victim can get compensation from the insurance coverage belonging to the driver who caused the accident. But what happens if the person who caused the accident was driving someone else’s car at the time? Individuals who do not own a car typically do not have car insurance in their name, so how is the injured victim supposed to recover compensation?
Through the principle of vicarious liability.
Vicarious liability can make the owner of a vehicle liable for any injuries or property damage that may be caused by any person to whom they loan their vehicle. In most cases, the vehicle owner’s insurance coverage will apply.
Examples of Vicarious Liability
Some common examples of situations where vicarious liability would apply include a parent loaning their car to their child or an employer giving an employee permission to driver their vehicle in the course of business. If the child or the employee causes an accident through their own negligence, the owner of the vehicle would be liable. Insurance coverage should apply to the child’s accident because of a general rule to the effect that members of the owner’s household are covered when driving the owner’s car. Insurance coverage should also apply to the employee (as well as to situations where friends or neighbors borrow a car) through the principle of permissive use.
When is the Owner Not Responsible?
If someone takes a car without permission and gets into an accident, the owner is not responsible. However, if the driver was uninsured, injured victims may still be able to make claims against the owner’s insurance.
Need Help with a Car Accident Injury Claim?
As you can see, the issues that may be involved in a car accident injury case can be complicated, especially if the person who caused the accident was not driving their own car at the time. Rather than try to figure out which insurance company is supposed to compensate you and then convince them to provide a fair settlement offer all by yourself, you should turn to an experienced car accident injury attorney like Fernando D. Vargas for help.
Attorney Vargas has decades of experience in all kinds of car accident cases, and you can rely on him to give you an accurate understanding of your legal rights and then do everything in his power to secure full and fair compensation for your injuries.
To learn more, call us at 909-982-0707 and request a free initial consultation.
