What Claims Can be Made by the Owner if You Crash a Borrowed Car

[pauleysean88]

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

Hi. I was recently involved in an auto accident in MD. I was driving my girlfriends' car, but she was not with me. The police report identified the other driver as "at fault" and the other driver's insurance company has assumed liability for the incident. My girlfriend's auto insurance covered the vehicle property damage (which was a total loss), and is going to subrogate to the the at fault party's insurance company to recoup those expenses (including the deductible she paid and her out-of-pocket costs for her out-of-pocket expenses for the car rental coverage under her policy).

While I am aware that as the driver, I am able to pursue a claim for my injuries and for pain, suffering, and inconvenience, etc, is there any further recourse for my girlfriend beyond the property damage claim being handled by her insurance? Essentially, she had to go through a lot of stuff too by virtue of her car being totaled, including taking time off work to search for a new car, flying to another state to get the replacement vehicle she found, and spending time with me in the hospital and at medical appointments. She also had a lot of emotional damage due to the stress of me being in an accident caused, the financial burden it was placing on her at the time, and the inconvenience of going without a car for a period of time

Basically, what I'm asking is, can she make a claim to the at fault insurance company for pain, suffering and inconveniences or any of these other "non-economic" damages as well, even though she wasn't involved in the accident but was affected adversely by the accident?

[MaltbyMark]

In short, little to none. She flying to another state, driving you around and visiting you at the hospital are not recoupable. By that way of thinking, me visiting any victim of a car crash could see payment.

[adjusterjack]

is there any further recourse for my girlfriend beyond the property damage claim being handled by her insurance? Essentially, she had to go through a lot of stuff too by virtue of her car being totaled, including taking time off work to search for a new car, flying to another state to get the replacement vehicle she found, and spending time with me in the hospital and at medical appointments. She also had a lot of emotional damage due to the stress of me being in an accident caused, the financial burden it was placing on her at the time, and the inconvenience of going without a car for a period of time

Basically, what I'm asking is, can she make a claim to the at fault insurance company for pain, suffering and inconveniences or any of these other "non-economic" damages as well, even though she wasn't involved in the accident but was affected adversely by the accident?

No. Not for any of that. It just isn't going to happen. Sorry.

I take that back. The only thing in there that is compensable is a basic rental car from the time of the accident until the date the insurance company paid her for her car. If she had rental reimbursement on her policy she collects it from her own company. If not, she can claim it from the other driver's insurance company.

She didn't have to take off from work to search for a car. Car dealers and private parties are available evenings and weekends. She didn't have to fly to another state. She could have bought all sorts of cars locally. She could have spent time with you in the hospital also during evenings and weekends. You could have called a taxi for your appointments. None of that was necessitated by the other driver's negligence. It was strictly optional on her part.

As for her stress and inconvenience, goes with the territory when someone you love is hurt.