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Car accidents can become complicated when another person operates your vehicle instead of you. Every situation is unique, which means that the other party may be held liable for your property damage and the injuries of the person driving your car. However, in the case that the person you lent your car to is at fault, then it is up to your insurance policy to provide compensation to the other party.
According to car accident lawyers Wattel & York, in some cases, the person in your car may not be covered by your insurer if they are not on your insurance plan. This is situational, which means that every person may have a different experience.
It Depends On Your Insurance
You may have an insurance coverage plan that covers the person operating your car. Some insurance plans follow the car. With others, the insurance coverage follows the driver. Because of this technicality, you should not lend someone your car until you call your insurer. Ask whether your insurance policy is tied to your car or the driver, regardless of the vehicle you are in.
State Insurance Laws
Every state is different, with some states requiring that insurance companies cover individuals once they are in your vehicle. However, in Arizona, the car is typically covered by the insurance policy, not the driver. You may also want to consider what is included in your insurance policy, because you may have agreed to different provisions.
Comprehensive And Collision Coverage
Comprehensive and collision coverage mainly covers the vehicle. This includes any property damage done to your vehicle. There may also be uninsured motorist property damage covered as well. This means that the person borrowing your vehicle would be covered for the damage they caused to your vehicle.
Liability Coverage
The driver of your vehicle would also be covered for any liability they are responsible for. For example, they may have collided with another car. All of the resulting damages would be included in the liability coverage.
Bodily Insurance
If the driver of your car is injured, your policy may also cover their medical expenses. This includes the medical bills of the other party and other damages that may have been incurred because of the borrower of your car.
Permission Use Provision
Your policy may also cover the person driving your car. The permission use provision allows the person borrowing your car to use it as if they are on your policy. They don’t have to be included on your insurance policy or named as part of your household, but they receive a permissive use policy. This means that they are also covered no matter what car of yours they are driving.
Excluded Drivers
If you specifically excluded a driver from your car insurance policy, this means that they are completely left out of the coverage plan. They won’t receive any coverage through your insurer, so you will have to obtain compensation from the borrower of your car through an agreement or a settlement.
Non-Permissive Driving
In some cases, you may have not permitted the other party to drive your car, and they could have taken your car without any notice. This can happen in the case of a theft, where the other party obtained access to your car without your knowledge. You would have to prove this, which can be difficult.
In most cases, a car accident attorney will advise you to obtain help from the police to perform a criminal investigation. They can then find proof to show how your car was stolen to your insurance company.
What Happens If The Car Borrower’s Property Damages Went Beyond The Policy Maximum?
The car borrower may be covered by their own car insurance, but in other cases, they would have to get health insurance coverage or pay out of pocket. Your insurer will only cover the maximum bodily insurance agreed upon in your policy.
What Do I Do if I Can’t Afford the Damages Caused by the Car Borrower?
If the person driving your car was excluded from your policy or was covered but the amount was far beyond the policy limits, you should speak to them about paying for some of your damages.
Auto insurance in the state of Arizona requires minimum liability insurance of $55,000 for property damage, $50,000 for injury or death to more than one person, and $25,000 for injury and death to one person. Only bodily injury and property damage liability are required. However, in some instances, the damages could be so severe that it goes beyond the cost of your policy. In cases where the other party is seeking a settlement or you need additional money to cover your damages, you should speak to an attorney to learn what steps you should take next.
If the person who borrowed your car is hesitant to help pay for damages, it may be time to seek a settlement. If they are at fault for causing a collision, they should be held responsible for the damages. Your attorney can collect evidence proving that they were driving the car at the time of the accident and were neglectful in some way.
Car crash attorneys are great investigators who can discover evidence in your favor. They can obtain police reports, subpoena phone companies about cellphone usage, and speak to witnesses on your behalf. They combine a variety of tactics to show how someone can be held liable for damages to support a settlement claim.
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