If someone else is driving your car and gets in an accident in Georgia, your insurance may kick in and cover the costs of the crash. However, your insurance only has to cover the accident if the person who borrowed your car caused the collision.
Georgia requires the party responsible for a car crash to compensate other parties involved in the collision. An Atlanta car accident lawyer can review your situation and provide more information about liability after a crash.
Who Is Liable if Someone Else Wrecks Your Car?
Under Georgia Code §51-1-6, the person who causes a car accident is legally liable for all damages, including injury costs and property damage.
If someone else is driving your car and another person causes the crash, the at-fault driver’s insurance is usually responsible for covering costs. On the other hand, if your car’s driver is at fault, your car insurance will usually cover damages.
However, there are some exceptions to this. If you need clarification on how your specific coverage works, contact an Atlanta personal injury lawyer for more information about what happens if someone else is driving your car and gets in an accident.
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What if the Person Driving Your Car Has Insurance?
In most cases, your car insurance coverage applies more to your vehicle than to you as a driver. So, even if the person driving has insurance, yours will apply first.
It’s an auto insurance myth that a non-owner driver is fully responsible. Your auto insurance would still be considered the primary coverage. However, if the person driving your car has an auto insurance policy, their coverage may act as secondary insurance to yours.
Let us suppose another person driving your car causes a crash. Since they were at fault in your vehicle, your insurance has to cover the damages. However, a problem can arise if your policy only covers the damages up to a certain dollar amount. If the costs of the crash are more than your policy limit, then the insurance of the person driving your car may cover what is left.
Can Your Car Insurance Refuse to Pay for a Crash?
In a few situations, insurance companies may refuse to pay for damages if someone else is driving your car. These instances include when:
Someone Takes Your Car Without Your Permission
It is tough to prove whether or not someone had permission to drive your car. If you cannot prove you did not grant them permission and an accident happened, you might get stuck paying for damages.
You Excluded the Person Driving From Your Insurance Policy
You may remove someone from your insurance policy if you know they would increase your premiums due to their bad driving record.
If you let that person drive your car and they cause an accident, your insurance will not have to pay the damages. You will be left having to pay those damages out-of-pocket.
An attorney can provide more detailed information about how car insurance companies handle car accident claims in Georgia.
The Driver Was Under the Influence of Drugs or Alcohol at the Time of the Crash
You will probably be liable for damages if the person driving your car is doing something illegal, such as driving under the influence or not having a valid driver’s license.
An experienced car accident attorney can provide more information about the responsibilities of your auto insurance company and what happens if someone else is driving your car and gets in an accident.
What Should You Do After Someone Else Crashes Your Car?
After a crash happens in your car, even if it does not involve you, it is crucial to act quickly. You should:
Call a Car Accident Lawyer
The best first step is to contact a car accident lawyer. If the collision was not the fault of the person driving your car, an experienced attorney can make sure you seek compensation for damages.
Even if you were not physically in the car during the crash, the at-fault driver should be liable for damages. The person driving your car may have injuries, and there is likely property damage to your vehicle.
Insurance companies will look for ways to pay out less than the accident costs are worth. A car accident lawyer can help protect your rights and fight for the recovery you deserve. Your attorney can also inform you about what happens if someone else gets in an accident while driving your car.
Understand Your Coverage
You should also ensure you understand your insurance policy’s rules and what the policy covers. Your attorney can look into this for you, as well. Suppose you only purchase the minimum auto insurance coverage required by Georgia law.
In that case, you will have $25,000 per person in bodily injury liability coverage, $50,000 per accident and bodily injury liability coverage, and $25,000 per accident and property damage liability coverage. These costs can cover medical expenses for you and the liable party if you are found responsible for causing the crash.
You may also have:
- Comprehensive insurance
- Collision insurance
- Gap insurance
- Rental car coverage
- Glass insurance
These could prove beneficial after a crash. However, since they are not a requirement, you may need to move forward with legal action against the liable party to cover these costs if you do not have this coverage.
Document the Crash
Make sure you or the driver calls the police right after the accident happens. Not only is this a legal requirement, but it will also create a record of the accident for your insurance claim.
If you were in a car accident, take notes and pictures. Photograph the accident scene, injuries, and property damage. If you were not in the accident, make sure the driver of your vehicle documents these things. You can also speak with witnesses about what they saw and get their names and contact information.
Take time to note how the accident occurred, including details you may forget later. If possible, note homes or businesses nearby that may have caught the collision on camera. Your lawyer can contact them to obtain video surveillance footage that could support your claim against the liable party.
When Do You Pay a Lawyer After a Car Crash?
Personal injury lawyers work on a contingency fee basis, meaning they only get money for legal fees after you get your settlement check. If you lose your case, then we do not collect a dime. You essentially get to enjoy free representation until you settle.
So, if you’re wondering when to hire an attorney after a car accident, you can get help immediately without worrying about taking on another financial burden.
Contact Us Today if Someone Got in an Accident While Driving Your Car
What happens if someone else is driving your car and gets in an accident? Sometimes, your insurance may have to cover the losses associated with this kind of collision. In other situations, a personal injury attorney can help you get compensation from other parties involved in the crash.
No matter who drove your car during the accident, you may be entitled to compensation if you were not at fault. At John Foy & Associates, we can help you pursue the money needed to cover your damages. With over 20 years of experience helping car accident victims, we know what it takes to win a case.
Contact us today for a free consultation to discuss the details.
(404) 400-4000 or complete a Free Case Evaluation form
