If someone is driving my car with my permission and is involved in an accident, whose insurance is responsible - his or mine?
Does it matter if the that person is charged with an infraction?
- Obi Wan KnievelLv 75 months agoFavorite Answer
You are, and no (if we're just talking about little traffic violations)
Squidmaster is wrong, but don't hold that against him. A whole lot of people don't know how it works when this happens, in fact most people find out the hard way.
The owner, not the driver, is legally responsible for their vehicle at all times. That includes any loss or damage the vehicle causes. That's the law in every state, territory, province, and everywhere else in the civilized world. If I let you drive my truck and you crash it, you didn't just have an accident. I did, because I'm the owner and I gave you permission to drive.
You might have a traffic ticket or six to deal with, but all the damage bills and lawsuits are my problem. My insurance policy responds, not yours. And if my insurance company has a problem with who was driving, they'll take that problem up with me and not you. Don't feel bad for me, I knew the risks when I handed you the keys. And if I didn't know, I just found out the hard way.
An owner can be responsible even if there was no driver. I've actually seen claims where the parking brake cable snapped and the vehicle rolled down a hill, and that crash was 100% the owner's responsibility. Not because the owner did anything wrong, but because the owner is responsible for their vehicle.
- MayLv 55 months ago
You are liable. When you lend your car, you are also lending your insurance coverage.
- regeruggedLv 75 months ago
In the US liability insurance follows the vehicle. So your auto liability insurance would be primary. Permissive users are covered as insured under your policy. Infractions don'[t matter.
- John AldenLv 75 months ago
Yours is, insurance is on the vehicle, not the person.
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- ScottLv 65 months ago
Yours. Your car - your insurance. His insurance covers his car.
- SquidmasterLv 75 months ago
The driver is responsible, however your insurance company will likely have to handle the claim, and get the money back from th driver's insurer.