If your car was involved in an accident while someone else was driving, feelings of anxiety and uncertainty are common. You may wonder, What happens if someone else is driving my car and gets in an accident?
Knowing about your liability and the next steps regarding injuries or property damage resulting from the collision is difficult. In this article, we’ll clarify your rights and responsibilities, outline your options, and provide a roadmap for dealing with the accident’s aftermath.
Your Rights and Liabilities
When someone else is behind the wheel of your car and is involved in an accident, several key points regarding your rights and liabilities come into play. Understanding these can help you navigate this challenging situation.
Driver Responsibility
Generally, the person driving your car during the accident is considered responsible for any resulting damages or injuries. However, as the owner, you may also have some liability.
Owner Liability
If someone wrecks my car, who is liable? In many jurisdictions, including California, vehicle owners are liable for accidents caused by individuals they permit to drive their vehicles if unlicensed. You may also be liable if the driver engages in illegal activity.
Insurance Coverage
Your auto insurance policy typically covers the car, meaning that your coverage may apply even if someone else is driving. In other words, the insurance policy follows the vehicle, making the owner potentially responsible for the accident. However, it’s essential to understand your specific policy terms, as coverage can vary.
Negligence Factors
If the driver acted negligently (such as driving under the influence or speeding), they may be liable for the damages. However, you may be responsible if you knowingly allow someone unqualified to drive your car.
Legal Proceedings
If a lawsuit arises from the accident, you and the driver may be defendants, potentially complicating your legal situation. Understanding these points helps you gauge liability exposure and inform your next steps.
Options for the Driver of Your Car
If the person driving your car is not at fault for the accident, it’s crucial to establish this and explore options for recovery. Some steps they can take include:
- Collect evidence. Gather as much evidence as possible at the accident scene, including photographs of the vehicles, accident location, and any visible damages. Witness statements are also invaluable.
- File a police report. A police report is an official accident record that provides critical fault details. It is important for insurance claims and legal proceedings.
- Notify insurance companies. Both you and the driver should report the accident to your respective insurance companies. Your insurer may cover initial claims, but understanding liability is crucial for future proceedings.
- Consult a California car accident lawyer. Consulting with a California car accident lawyer helps clarify legal rights if there are disputes about fault or injuries. They assist in negotiating with insurance companies and pursuing claims for damages.
Taking these steps helps establish fault and ensures you and the driver obtain adequate representation during recovery.
What to Do After a Car Accident
Knowing what to do next is vital if your car is involved in an accident. Here’s a checklist to guide you:
- Check for injuries—the priority after an accident is to check if anyone is injured and call 911 for those requiring immediate medical attention;
- Move to safety—if possible and safe, move the vehicles to the side of the road to prevent further accidents;
- Exchange information—gather contact and insurance details from all parties involved, including witnesses.
- Document the scene—take photos of the accident, vehicle damages, and any relevant road conditions or signage;
- Contact your insurance—notify your insurance company immediately and provide them with any details and evidence you’ve collected; and
- Consult personal injury lawyers—consult with personal injury lawyers who can help you understand your rights and potential compensation.
Following these steps helps you effectively manage the aftermath of an accident and protect your rights.
Expected Damages After a Car Accident in California
In California, victims of car accidents recover various types of damages. These consist of economic and noneconomic damages.
Economic damages refer to quantifiable financial losses a victim incurs due to the accident, which can be proven through medical records, bills, pay stubs, and receipts. These damages include:
- Medical expenses—costs related to medical treatment, rehabilitation, and ongoing care;
- Lost wages—compensation for lost income due to inability to work after the accident; and
- Property damage—costs to repair or replace your vehicle and any other damaged property.
Noneconomic damages are subjective damages that are harder to quantify but still significant. These damages usually require evidence such as witness statements, psychological evaluations, and personal accounts illustrating the impact of the accident. Noneconomic damages include:
- Pain and suffering—compensation for physical pain and emotional distress resulting from the accident; and
- Loss of enjoyment of life—if injuries prevent victims from engaging in activities they once enjoyed, they may seek compensation for this loss.
Understanding the types of damages you may recover is essential for navigating the aftermath of an accident and ensuring you receive fair compensation. This knowledge helps you better manage this challenging situation.
Consulting with a car accident lawyer provides clarity and guidance, helping you navigate the complexities of liability and recovery in the wake of an accident.
Contact a California Car Accident Lawyer for a 100% Free Consultation
For over 40 years, Wells Call Injury Lawyers have provided unwavering legal representation to clients in their most difficult moments. Our legal team is committed to helping accident victims protect their rights so they can recover.
If you or a loved one suffered injuries in a car accident caused by someone else, you can count on our attorneys to hold the at-fault parties accountable. We have successfully recovered over a hundred million dollars in client judgments and settlements. You have nothing to lose but everything to gain.
Contact us today by phone or email and schedule a free case consultation. We are standing by to help you.
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