Even though it is not necessarily recommended, it is not uncommon for those in Vancouver, Washington, to allow people to borrow their vehicles. However, it is essential to understand the risks that come with this, such as in the case of a borrowed car accident.
If you loan your car to someone and they are involved in an accident in Vancouver, Washington, you need to take the step of hiring an auto accident attorney. At Henderson Taylor Law Firm, our team of auto accident lawyers are very experienced in this area and can help you navigate the complex process of getting coverage from your insurance company.
Keep reading to find out what happens if someone drives your car and gets in an accident.
Who Pays For the Ticket in a Borrowed Car Accident?
You may be wondering what happens if you lend someone your car if you have a friend or family member who often needs to borrow someone’s vehicle. Although this is not necessarily a bad thing, it can lead to complicated situations if the borrower of the car gets into an accident or gets a ticket.
Washington is a fault insurance state, which means that the driver at fault is the one who is held liable for any damages that are done. This means that the driver will be held liable for damages and tickets even if they are borrowing someone else’s vehicle. Some ways that coverage is determined if you borrow a car and get in an accident include:
- Who was at fault
- The types of damage done
- The details of how the accident occurred
- The limit and coverage of the owners and driver’s license
There is also something called permissive use in Vancouver, Washington, which is a clause that most insurance companies have. This clause means that your vehicle is insured if the situation falls under permissive use, where you have allowed someone to use your car. Something to keep in mind about this is that there is often a limit to how many times you can allow someone to use your vehicle and still have it covered under permissive use.
If Someone Borrows My Car and Gets in an Accident, Am I Liable?
Despite the fact that Washington is a fault insurance state, there are still instances where the owner of the vehicle could be found liable. If someone borrowed your car and got in an accident, you could be at fault if the situation falls under negligent entrustment.
In Washington, negligent entrustment is when a car owner grants another person permission to drive their vehicle knowing that they are a reckless driver. For negligent entrustment to stick, there has to be proof that the owner of the car knowingly and intentionally allowed a misfit driver to use their vehicle.
Examples of this include allowing someone to borrow your vehicle which you know has a history of driving-related issues. They may have a history of DUIs, or they may have previously gotten into car accidents from reckless driving, such as speeding.
There are many instances where you may unknowingly allow someone who is an unfit driver to borrow your car. In this situation, you need to hire a skilled auto accident lawyer to represent you to prove that the situation doesn’t fall under negligent entrustment. This is important since even very minor accidents can lead to this issue, resulting in the owner of the vehicle being held liable.
Here are some examples of when you should not loan your vehicle to another driver:
- The person doesn’t have a driver’s license.
- The person is an alcoholic or drug addict.
- The person is underage.
- The person has a disability such as vision or hearing loss.
- The person has a poor driving record.
Understanding Insurance Coverage For Borrowed Car Accidents
Even though auto insurance will often cover borrowed car accidents, there are some situations where your policy will not apply. Here are some examples of a situation where your insurance may not cover the damages:
- Lack of permission: If a driver takes your vehicle without getting your permission and gets into an accident, your insurance policy will not be held liable for the damages. It is also worth noting that as the owner of the vehicle, you are entitled to the option of suing the driver if they did not get your permission and cannot cover the damages.
- Commercial activities: In some instances, insurance companies may deny coverage in a borrowed car accident as a result of commercial activities. For example, someone may have borrowed your car to deliver food or offer rideshare services.
- Special circumstances: Not every insurance policy is going to cover things like borrowed car accidents, which is why you need to read the fine print. Some policies may exclude certain members of your family who have a history of reckless driving or it may not cover anyone other than the owner of the vehicle.
It is recommended that you add individuals to your insurance policy if you plan on loaning your vehicle to them often. Many people choose to do this for family members to ensure they always have the maximum amount of coverage in the case of an accident. Something to keep in mind is that you should always be very selective when letting people borrow your vehicle.
If you are worried about getting the maximum coverage from your insurance company, you need to hire a car accident attorney in Vancouver. An experienced attorney can help you submit a thorough claim, negotiate with the insurance company, and take the legal measures necessary to get the coverage you are entitled to.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Getting a traffic ticket can feel very overwhelming, especially if this is a result of a borrowed car accident. The good news is that the laws surrounding this in Washington are quite straightforward, helping you to quickly address any damages.
At Henderson Taylor Law Firm, our auto accident attorneys are committed to defending the downtrodden and helping the victims of car accidents get the coverage they deserve. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
