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  1. #1
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    Sep 2015
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    Default Are You Liable for an Accident Caused By Somebody Who Borrows Your Car

    My question involves an injury that occurred in the state of: California

    In the state of california if I allow my friend to borrow my car and he drives it to a different city without me knowing but still within state, if he gets into a fender bender, who is liable if the other party is claiming damages? Just to reiterate I
    did allow permission to use my car although I didn't know he was driving it to a diff city within state. Both me and him have auto insurance.

    How can I get his insurance company to pay for this accident?

    THank you!

  2. #2
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    Oct 2014
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
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    My question involves an injury that occurred in the state of: California

    In the state of california if I allow my friend to borrow my car and he drives it to a different city without me knowing but still within state, if he gets into a fender bender, who is liable if the other party is claiming damages?

    THank you!
    Well, as the driver heís liable for the damages caused in the accident if he was negligent. It doesnít matter if you knew where he was taking the car or not. You might also be liable if you had reason to know he was not a safe driver at the time you let him borrow the car; thatís known as negligent entrustment. So, for example, if he had been drinking and you knew that and still let him borrow your car, you might also be liable along with him for the accident.

    Quote Quoting travel888
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    How can I get his insurance company to pay for this accident?
    Generally speaking, your policy would be the one that would be the first to pay for the damages arising from the accident. Thatís because auto insurance covers particular vehicles and any authorized person driving the vehicle is covered by the insurance that covers that car. Thatís why when you borrow someone elseís car to drive you want to ensure that they have current insurance for the car.

    If your friend does not pay you back for the damage to your car that he caused, you may certainly sue him for whatever you have to pay to get it fixed. If his insurance will cover that, then you might get paid by his insurance company.

  3. #3
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    Sep 2015
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Thank you!

    So I really don't want to get my own insurance involved. He has his own insurance coverage so is there anyway his insurance can just cover everything? Also, will my insurance premium go up even though I wasn't involved at all? Can I say he took my car without me knowing?

    By the way he was not a negligent driver , just drove it further than what I thought he was going to do.

  4. #4
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
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    Thank you!

    So I really don't want to get my own insurance involved. He has his own insurance coverage so is there anyway his insurance can just cover everything? Also, will my insurance premium go up even though I wasn't involved at all? Can I say he took my car without me knowing?
    He did not take the car without permission. Thus, saying that he did is a lie and lying about that to insurance companies or in court can cause you legal problems, including possible criminal prosecution for fraud or perjury,

    You need to let your insurance company know of the accident. Your policy likely requires it. If you don’t you may find the insurance company will not represent you if you get sued by the other driver over this. If your friend gets sued, which insurance company will pay any resulting judgment depends on exactly what the policies say, but chances ar
    e that your policy would be the primary coverage and it would pay first. That does not automatically mean your rates would go up. After all, you weren’t the one who caused the accident.

    Quote Quoting travel888
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    By the way he was not a negligent driver , just drove it further than what I thought he was going to do.
    If he was at fault in causing the accident then he was negligent. If he was not negligent then neither he nor you would owe anyone else for the accident and neither his insurance nor yours would pay anyone else for damages suffered in the accident. Anybody seeking to recover from you and/or your friend must prove negligence to win.

  5. #5
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    Mar 2013
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
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    Thank you!

    So I really don't want to get my own insurance involved.
    You don't have a choice. Unless, of course, you want to pay everything out of your own pocket without any argument.

    Quote Quoting travel888
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    He has his own insurance coverage so is there anyway his insurance can just cover everything?
    No.

    Quote Quoting travel888
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    Also, will my insurance premium go up even though I wasn't involved at all?
    If your driver was at fault, your policy will be surcharged for the accident, probably for three years.

    Quote Quoting travel888
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    Can I say he took my car without me knowing?
    You can. But lying to an insurance company carries incredibly serious consequences that include, but might not be limited to, cancellation, denial of claim, recission of policy, prosecution for insurance fraud.

    Quote Quoting travel888
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    By the way he was not a negligent driver ,
    As previously noted, if he caused the accident, he was negligent.

    Quote Quoting travel888
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    drove it further than what I thought he was going to do.
    Good argument for not lending your car to others. And a life lesson from the school of hard knocks.

  6. #6
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Ok so me explaining to my insurance company that he drove it further than what I thought he was going to do (ie 3 hours out of town) will still put the negligence on me?

    Also he is willing and wanting to put it on his insurance and allow his premiums to get affected. Can we make this happen or legally, my insurance will Have To pay out for this.

  7. #7
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
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    Ok so me explaining to my insurance company that he drove it further than what I thought he was going to do (ie 3 hours out of town) will still put the negligence on me?
    No, not negligence on you.

    A surcharge due to the payment of a claim caused by your driver. That's not the same thing.

    Quote Quoting travel888
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    Also he is willing and wanting to put it on his insurance and allow his premiums to get affected. Can we make this happen or legally, my insurance will Have To pay out for this.
    He's free to file the claim on his own policy but it would be a waste of time. Once his insurance company verifies the ownership (he can't lie about that) his insurance company will deny the claim and send him back to you because your policy is primary.

  8. #8
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    Sep 2015
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    I found some phone texts from him saying he was just going to use my car to move some of his stuff locally. Can this be used as proof that I didn't really give permission for him to drive it 3 hours away?

    As an aside, is a criminal charge of using someone else's car separate from an insurance claim situation where they are deciding who pays for the damage? If it is shown the person uses someone else's car then does their insurance have to pay for the damages 100%? And the "stolen/borrowed without permission" car's insurance is off the hook?

  9. #9
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    No, no and no.

    Just stop. It has been explained to you over and over again.
    Don't make me quote Monty Python at you.

  10. #10
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    Mar 2013
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    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
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    I found some phone texts from him saying he was just going to use my car to move some of his stuff locally. Can this be used as proof that I didn't really give permission for him to drive it 3 hours away?

    As an aside, is a criminal charge of using someone else's car separate from an insurance claim situation where they are deciding who pays for the damage? If it is shown the person uses someone else's car then does their insurance have to pay for the damages 100%? And the "stolen/borrowed without permission" car's insurance is off the hook?
    You're grabbing at shadows.

    Give it up and call your insurance company.

    There's no way around it.

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