{"id":2014,"date":"2023-05-03T09:32:00","date_gmt":"2023-05-03T09:32:00","guid":{"rendered":"https:\/\/www.freeway.com\/knowledge-center\/?p=2014"},"modified":"2025-01-17T16:17:24","modified_gmt":"2025-01-17T16:17:24","slug":"friend-borrowed-car-got-in-accident-who-pays","status":"publish","type":"post","link":"https:\/\/www.freeway.com\/knowledge-center\/auto\/friend-borrowed-car-got-in-accident-who-pays\/","title":{"rendered":"My Friend Borrowed My Car and Got in an Accident – Who Pays for It?"},"content":{"rendered":"\n

Your friend\u2019s vehicle is in the shop, so he asks you if he can borrow yours for a few hours to run an errand. You agree, hand him the keys, and watch him pull away, wondering if you made a wise decision. Spoiler alert \u2013 according to your auto insurance<\/a> company loaning your car to others is not a smart choice.<\/p>\n\n\n\n

As luck would have it, on his way back, your friend takes out a parked car and a fire hydrant while texting his girlfriend in Omaha. Of course, you\u2019re glad to find out your friend\u2019s okay, but the parked vehicle<\/a> he hit is severely damaged and your front end is completely hammered. Now, you\u2019re wondering\u2026who\u2019s going to pay for this terrible mess? Most people believe the driver, if insured, is liable for an accident he caused, but that just may not be the case.<\/p>\n\n\n\n

How Does Insurance Work if Someone Borrows My Car and Wrecks It?<\/h2>\n\n\n\n

There is a well-known saying in the business: Insurance follows the car. This means your borrowed vehicle is traveling under your policy \u2013 not the driver\u2019s coverage.<\/p>\n\n\n\n

The general rule of thumb is that, if someone borrows your wheels, they\u2019ve done so with your permission, and they\u2019re going to be considered an insured person under your policy. Known as permissive use, this covers anyone driving your ride with your nod, including members of your household, family members (even your parents), roommates and friends.<\/p>\n\n\n\n

This rule does not apply if negligent entrustment comes into play. Negligent entrustment is when you loan your automobile to someone who is clearly not able to operate it safely<\/a>. For example, someone who is inexperienced, does not have a driver\u2019s license or is under the influence.<\/p>\n\n\n\n

Always keep in mind that states may operate by different rules and regulations. Likewise, for insurers \u2013 they may differ in their policies when dealing with accidents<\/a> resulting from lending your car to someone who is not listed in your policy.<\/p>\n\n\n\n

What Happens if the Driver Was Breaking the Law When He Wrecked?<\/h2>\n\n\n\n

The person who was driving your vehicle had permissive use, but he was breaking the law by texting while driving when he caused the wreck. Every state now has laws against texting while driving. In many cases, even if it was you driving, your insurer may not provide compensation<\/a> in this circumstance.<\/p>\n\n\n\n

Insurers like to insert wording in your policy, like the car was being used reasonably and safely when the crash happened. That may not be the case given he was texting. Even if he has his own non-owner car insurance<\/a>, damages from the event will most likely still be your problem. Should the damages in the accident far exceed the limits of your policy, then the victim typically will turn to the borrower for money. However, both of you could end up being sued for compensation for medical bills, property damage and things like lost wages and emotional suffering.<\/p>\n\n\n\n

Hiring an Attorney<\/h3>\n\n\n\n

In a situation where there are questions about your legal responsibilities, you may consider getting legal advice from an experienced attorney<\/a>. They will look at the evidence and factors of the crash, including harm to other individuals and resulting damage. They may be able to help you protect your personal assets if someone borrows your car and wrecks it.<\/p>\n\n\n

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Understanding Your Insurance Coverage<\/h2>\n\n\n\n

It\u2019s a good idea to understand what types of coverage are available, exactly what type of policy you have, and the best auto insurance for you. This information could have an impact on how the scenario plays out in the event you loan your wheels to someone and they crash.<\/p>\n\n\n\n