Liability for car accidents may seem pretty simple. You were struck by a negligent driver, so they must be liable. Unfortunately, the question of liability for an accident isn’t always that straightforward. For instance, the person driving the car that hit you doesn’t own the vehicle, so who is liable – the car owner or driver?
Who can be held responsible for a car accident can depend on a variety of factors, including the relationship between the driver and the car owner, the specifics of the insurance policy, and the circumstances of the crash.
Car crashes can lead you into complex legal issues and confusing insurance matters – the last things you need on top of injuries, costly medical bills, lost wages, and a damaged vehicle. A car accident lawyer can help you navigate these complexities. I’ll explain some of the complexities of these car accident cases here so you may gain a better understanding of how they affect you and your claim.
Understanding Auto Insurance Policies and Liability
In most cases, auto insurance follows the car, not the driver. This means the vehicle owner’s insurance policy often covers damages caused by someone else driving their car. However, this general rule comes with some exceptions and limitations.
Key Questions That Determine Coverage:
- Was the driver a household member not listed on the policy? Car owners typically must list all household members who might drive their car on their insurance policy. If a household member—like a newly licensed teenager—wasn’t listed, the insurance company might deny coverage for damages caused by that driver.
- Was the driver excluded from the policy? Some policies explicitly exclude specific individuals from coverage. If an excluded driver causes an accident, the insurance will not cover the damages, potentially leaving the car owner personally liable.
- Did the driver have permission to use the car? When someone takes a vehicle without the owner’s permission, the insurance company may refuse to cover the accident. For example, if a car was stolen, the driver’s insurance (or, if unavailable, the victim’s uninsured motorist coverage) may apply instead.
- Does the policy have sufficient coverage? If the damages exceed the car owner’s insurance policy limits, the injured party may need to pursue additional compensation from the driver or their insurance.
When Is the Driver Liable for an Accident?
The driver behind the wheel generally holds primary responsibility for their actions while operating a vehicle. If the driver’s negligence caused the crash, they could be held liable for the resulting damages, even if they don’t own the car.
Common Driver-Related Causes of Liability:
- Distracted driving: Drivers who use their phones, eat, or otherwise take their attention from the road put everyone at risk. Even a split-second driver distraction can lead to devastating accidents.
- Driving under the influence: Intoxicated drivers have impaired judgment and slower reaction times, making them more likely to cause serious crashes.
- Speeding or reckless driving: Exceeding speed limits, weaving through traffic, tailgating, or driving aggressively can create dangerous situations where the driver is directly liable for any accidents.
- Failure to follow traffic laws: Ignoring stop signs, running red lights, or failing to yield the right-of-way often results in collisions that could have been prevented with caution.
- Driver errors: Simple mistakes, such as misjudging a turn or failing to check blind spots, can cause accidents. Even unintentional errors don’t absolve drivers of liability.
While the car owner’s insurance policy may initially cover the damages, the driver’s actions can lead to additional legal and financial consequences.
When Is the Car Owner Liable?
In some cases, the car owner can share or bear full liability for an accident. Owners must ensure their vehicles are used responsibly and maintained properly.
Scenarios Where the Owner Might Be Liable:
- Negligent entrustment: If the car owner knowingly allows an unfit driver, such as an intoxicated, unlicensed, or reckless individual, to operate their vehicle, they may be held liable for any resulting accidents.
- Poor vehicle maintenance: Owners must keep their vehicles in safe working condition. If they ignore a known issue, such as faulty brakes, and an accident occurs, they could be held accountable.
- Corporate ownership and employer liability: When a company owns a vehicle and an employee causes an accident while performing job duties, the company may be liable under the legal concept of “vicarious liability.” This is particularly true if the company failed to conduct proper background checks or enforce safe driving policies.
How Do You Determine Who Is Liable?
Determining liability in these cases often requires a thorough investigation. Factors include:
- Police reports: Law enforcement’s findings at the accident scene can provide crucial details about who was at fault.
- Insurance policy terms: The specifics of the car owner’s and driver’s insurance policies often indicate who is responsible for covering damages.
- Driver and owner behavior: Whether the driver had permission to use the car or whether the owner negligently entrusted their vehicle can significantly impact liability.
- Eyewitness testimony and evidence: Statements from witnesses, dashcam footage, and other evidence can help establish fault.
Why You Need Legal Guidance After a Car Accident
If you’ve been injured in a car accident involving a driver who wasn’t the car’s owner, sorting through liability can be incredibly complicated and tedious. Without a car accident lawyer to represent you, insurance companies will work to minimize your claim, question your damages, delay your case, or deflect blame, making it extremely difficult to obtain the compensation you deserve.
Don’t allow the at-fault party’s insurance company to take advantage of you. An experienced car accident attorney can:
- Investigate the accident to identify all liable parties.
- Review insurance policies to determine coverage limits and exclusions.
- Negotiate with insurance companies to ensure you receive the compensation you deserve.
- Represent you in court if necessary to fight for your rights.
According to a study from the Insurance Research Council, victims who hire attorneys recover, on average, 40% more compensation than those who handle claims on their own. Having a lawyer by your side ensures that you don’t leave money on the table and that your rights are protected.
Protect Your Rights After an Accident
Recovering from a car accident is hard enough without the added stress of figuring out who is liable for your injuries and losses. If you’re facing medical bills, lost income, and pain and suffering due to a crash involving a driver who doesn’t own the car, Coates Law Office is here to help. As an experienced and proven car accident lawyer, I and my team can investigate your case, hold the responsible parties accountable, and negotiate with the insurance companies to secure the maximum compensation you deserve.
Call (603) 262-5766 or use the online contact form today to schedule a free consultation to discuss your case and get the guidance you need to move forward.