Insurance Coverage and the Use of Others' Cars |
Generally, insurance coverage "follows the vehicle." As long as a driver has the vehicle owner's permission to use it, the owner's policy will provide coverage no matter who the driver is. Whether you're lending or borrowing a car, the vehicle owner's policy should cover injuries and property damages. Exceptions do exist, so review your policy for its exact terms.
Primary Coverage by Owner's Policy
Another person driving your car should be covered under your policy as long as he was driving with your permission. If you have an accident in a borrowed car, the owner's insurance should apply first toward damages as long as you had permission to drive.
The owner's insurance is the primary insurance. This means it will cover the owner's car and damages caused by it while operated with the owner's permission. If a person other than the owner is driving, the driver's insurance could provide secondary coverage if the owner lacked insurance or didn't fully cover the damages.
Uninsured Motorists
A car owner's uninsured motorist coverage is typically the primary coverage when a borrowed car is in an accident with an uninsured driver. As the driver of a borrowed vehicle, your insurance provides secondary coverage. You and the car owner will want to notify both your insurance companies.
Permission to Drive
If you give permission to someone to drive your car, he'll be covered by your insurance policy. Also covered under your policy are members of your household who drive your car, with or without your permission. Permission to use a car includes situations where the driver has a reasonable belief that the owner would give permission to use the car. For example, a friend who regularly borrows your minivan to move large items. Permission must be given by you, as the owner, and not by a friend or relative of the owner. Insurance coverage won't apply if your teenager gives his friend permission to drive your sports car.
Steps to Follow if You Drive Someone Else's Vehicle:
- Make sure you have permission from the owner of the vehicle
- Make sure they have insurance coverage on the vehicle that you are going to drive
- Check to see if your insurance will cover any damage that isn't covered under the owner's policy
Negligent Acts May Prevent Policy Coverage
An owner's policy might not cover injuries and damages that are the result of an accident if the driver's negligence (failure to use reasonable care under the circumstances) caused an accident or if the vehicle owner was negligent by allowing the driver to operate the vehicle.
State law may attribute or associate another driver's negligence to you. Examples are where an agency relationship exists (one person acting on another's behalf), where you keep control over the car, or where there's a joint venture. A joint venture requires:
- A definite agreement to pay a substantial share of the automobile trip
- A common destination
- An equal voice in fixing or changing the route for the trip
- That the trip be for a common purpose
Most state laws don't automatically attribute the negligence of a family member to the owner. The owner may be considered to have been negligent if he knows that a person is incompetent, underage, intoxicated or otherwise unqualified to drive but allows that person to drive anyway.
Questions for Your Attorney
- I borrowed a friend's car to do an errand for her, and an uninsured driver caused an accident. Several people were hurt. Can claims be made on my uninsured motorist coverage if my friend's policy doesn't cover the damages? I don't want claims filed under my policy.
- My spouse lost her license for repeated drunk driving incidents. If she uses my car without my permission, will my insurance cover the damages if there's an accident?
- If I let a co-worker borrow my car to do a work-related errand, and he's in an accident, will our employer's insurance cover the accident, or will claims be made against my policy?
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