What Happens if Someone Else Is Driving My Car and Gets in an Accident in Fort Lauderdale?

It’s the dreaded question many people hear: “Hey, can I borrow your car?” Maybe it’s because the other person’s car is in the shop, or someone else in their household is using it that day. They may have even wrecked their car and need to borrow yours. Many car owners will say “yes” because it’s a trustworthy friend or relative.

But there’s always the possibility that the person who borrows your car could have an accident themselves.

That likely leaves you wondering “What happens if someone else is driving my car and gets in an accident?” Read on to find the answers from the Fort Lauderdale car accident lawyers at BK Law.

How Does My Car Insurance Cover Other Florida Drivers?

Florida is one of 12 states that have no-fault insurance laws. The insurance laws require that everyone have a policy that pays no matter who’s at fault. Florida’s no-fault law requires all vehicle owners to have this type of policy. Known as PIP insurance, or “Personal Injury Protection,” the policy requirements include $10,000 medical and disability benefits per person per accident and $5,000 in death benefits. The insurance company pays this money to the injured party regardless of fault, and without any fault-finding. This policy also covers up to 80% of the medical expenses for the injured party, up to $10,000. it will also pay up to $6,000 for lost wages. Non-economic damages, which are more intangible damages (e.g. pain and suffering), are not covered by PIP but may be collected through a lawsuit against the other driver if your injuries exceed your PIP coverage or if your injuries are especially serious. Florida considers injuries serious if they:

• Involve significant and permanent scarring
• Are declared permanent by a treating physician
• Involve permanent loss of an important body part or function, such as a lost limb
• Are fatal

What Is Permissive and Non-Permissive Use in Fort Lauderdale?

You’ve given a person permission to drive your car for a limited time and use. There are some caveats. Loaning your vehicle to a friend or relative so they can run errands, go to work, or make other short trips would be a permissible use. Most car insurance policies extend the coverage to someone you allow to drive your vehicle under something called the “permissive use provision.”  Many insurers require you to list anyone of driving age in your household on your automotive policy for this reason. If a driver takes your car without your permission and has an accident, their own coverage will be used first, followed by your own insurance policy if the costs exceed the maximum coverage available in their policy. If the driver is involved in an accident in your car, and the police determine that the driver is at fault, you would be responsible for filing the claim with your insurance company. You would also be required to pay the deductible and any expenses the policy doesn’t cover. The driver would also file a claim under their individual policy for the damages. If you loaned your car to someone who claimed to use it just for in-town trips but ended up taking it out of state for a long road trip or began using it for ridesharing, that changes the use. Unless you gave them explicit permission to drive it out of state or for ridesharing, chances are it will be considered non-permissive use. If your friend lets someone else drive your car, this would also come under non-permissive use. You gave a specific individual express permission to drive your vehicle, but not someone else. Teenage drivers with a permit or a license should at least be added as “named insured” to the policy if they live in your home. They'll be covered if they’re in an accident while driving your car. Even with a permit, they’ll generally be covered even if they’re not yet listed. Without a license or permit, they won’t be covered. Should they take your car without permission and have an accident, you’ll not only be responsible, but you’ll have to file a police report against your own teenager. However, you can still file an accident claim.

Can the Other Driver’s Fort Lauderdale Car Insurance Become Involved?

Yes, it can, and probably will, especially if your policy doesn’t cover all of the expenses. Once you have reached the limits of your policy’s coverage, the other driver's insurance policy will be used as supplemental coverage.

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What Else Should Drivers Without a Car or Car Insurance Consider?

Many people believe the insurance policy only covers the driver and anyone listed on the policy. But in Florida, that's not the case. The insurance policy follows the vehicle, not the driver. Therefore, anyone driving your car, whether they live in your home or simply borrow your car for an errand, will be covered under your policy—assuming they have your permission, of course. If the driver has his or her own insurance policy, it would provide supplemental secondary coverage.   Florida law also includes under your policy:

• Passengers riding in your car at the time of the accident
• Pedestrians or bicycle riders hit by your car
• Family members in your own household

What if the Person Driving Your Car Has Their Own Insurance Policy?

Their insurance may be used to cover expenses and costs associated with the accident once the limits on your policies have been exhausted. For instance, if your policy covers up to $50,000, and the accident expenses are $75,000, the additional $25,000 will come from the other driver's policy.

How Do You Prove You Gave Someone Permission to Drive Your Car?

If your car is taken by someone you do know, such as a friend or other relative, you will likely have to prove to your insurer that you did or did not give them permission. This might come in the form of a text message, email, or even a handwritten note. Without something in writing, it may be more difficult to show that you did in fact give permission to the other person to drive your vehicle.

To learn more, schedule a free consultation with us today.

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What Happens if the Driver Goes Beyond the Permitted Area in Fort Lauderdale?

There's a very good chance the insurance will not cover anything once a driver leaves the so-called permitted area. Even their own insurance may not cover any accident outside of a permitted area. When you agree to loan your car, it's important to be specific about the limitations on when and where they're permitted to drive your car.

What Should You Do After Someone Else Crashes Your Car in Fort Lauderdale?

Much of what you do next is the same as if you were driving:

• Find out if there were any injuries involved. Call for police, and get the injured party to a doctor, emergency room, or other healthcare provider.
• Visit the accident scene, take pictures, and document everything. This includes contact information for witnesses and other drivers, as well as the insurance information for other drivers.
• Notify your own insurance company of the accident.
• Speak with a Fort Lauderdale car accident attorney to understand your legal options.

What Happens to Insurance Rates After an Accident in Which Someone Else Was Driving Your Car in Fort Lauderdale?

There’s a good chance your insurance rates will go up with your next policy renewal unless your company offers “accident forgiveness.” This will also depend on the circumstances of the accident. If the driver was engaged in something that led to a traffic violation, such as speeding, that makes them a higher risk driver. Higher risks mean higher insurance rates. However, any moving violations will be on their driving record, not on yours.

Can an Uninsured Driver Drive My Car?

They can drive your car if they have your permission. Again, car insurance follows the car, not the driver. If this is someone who is not on your policy as a driver, but you give them permission, they can drive your car. If they are in an accident while driving, the standard policy limits will apply. You and the driver will be responsible for paying any damages beyond the policy limits.  

What if Your Car Insurance Refuses to Pay for an Accident?

Your insurance company will send you a letter explaining why they’re not paying for the accident. Read the letter to understand their reasoning first. You can appeal this decision within the appeal period detailed in the letter. Gather your evidence and draft an appeal letter. At this point, you should also consult with a Fort Lauderdale car accident lawyer to help you file an appeal. An experienced attorney can help you with the appeals process, and ensure that your appeal is done correctly. You also have a better chance of winning your appeal against the insurance company if you have legal representation.  

What Happens if Someone Else is Driving My Car and Gets in an Accident, Which Isn’t Their Fault?

If the driver of your car is found not to be at fault, the driver who caused the accident would be responsible for the crash. That at-fault driver would also be responsible for filing a claim, paying the deductible, and any other associated expenses. Your insurance company, and that of the person driving your car, would likely not be involved.

A Friend Borrowed My Car and Doesn’t Have a License. What Happens if They Get in an Accident?

It is illegal to knowingly allow an unlicensed driver to use your car. If they cause an accident, you could be held personally liable for damages that exceed policy limits. This is also true if you allow a drunk driver to use your vehicle.  

What Happens if a Friend Driving My Car Left the Scene of an Accident?

Leaving the scene of the accident can bring penalties in Fort Lauderdale. It is also known as a “Hit and Run.” Florida law requires that accidents be reported to the police if there are any injuries or fatalities, or if there appears to be over $500 worth of property damage. If the accident was with an unoccupied vehicle, it is considered a second-degree misdemeanor that comes with a possible 60 days in jail and a $500 fine. However, if there are injuries in the other vehicle, the driver leaving the scene can be charged with a second or third degree felony. This could lead to a five-year license revocation, $5,000 in fines, and as many as five years in prison. If the accident led to a fatality, the charge would be raised to first-degree felony, which would lead to a three-year or more license revocation, $10,000 in fines, and anywhere from 4 to 30 years in prison.

How BK Law Can Help

Having a car accident yourself is difficult enough. If you loan your car to someone else and they get into a car accident, it can get very complicated very quickly. Don't wait to find out what can happen next, because it can be very expensive. Leave all that to our Fort Lauderdale car accident lawyers at BK Law. We know the tricks of the insurance trade and how they’ll try to take advantage of situations like this. We won’t let that happen. Contact our Fort Lauderdale law offices at BK Law to speak with one of our trusted and experienced car accident lawyers. Your first consultation is free. We’ll review your case and let you know what legal options you have after another driver caused an accident in your car.