If someone borrows your car and gets into an accident, you may be personally liable. However, in many cases, your insurance will cover damages. These losses can include your own property-related damages, the other driver’s property and injury-related damages, and certain damages of the person who borrowed your car and his/her passengers. (i.e., under a “No-Fault” or “PIP”, personal injury protection claim.)
Our firm can answer this question for you in more detail. We’re also able to file your insurance claims for you and even potentially negotiate for certain coverage.
- Is the Registered Owner of a Car Liable for an Accident in N.Y.?
- What Happens if I Let Someone Borrow My Car and They Get in an Accident in N.Y.?
- What If Someone Borrowed My Car Without Permission?
- What Will a New York Car Accident Lawyer Do for Me?
- Learn More About Liability if Someone Borrows Your Car and Gets in an Accident
Is the Registered Owner of a Car Liable for an Accident in N.Y.?
In many cases, even though a car’s registered owner is legally liable for an accident in New York, the owner’s insurance providers are responsible for covering the damages related to the accident and this often shields the owner from having to make any out-of-pocket payments.
For a free legal consultation, call 516-932-0400
What Happens if I Let Someone Borrow My Car and They Get in an Accident in N.Y.?
In New York, when you let someone, like a friend or family member, borrow your car, your car insurance policy covers them, regardless of which plan you have. This means the damages, such as medical expenses for injury-related treatment and a portion of causally related lost earnings, of the person who borrowed your car, their passengers, and any pedestrians and bicyclists they may have hit, can be covered if they get into an accident. This “No-Fault” coverage is available regardless of fault.
Your car and property damage liability (PDL) insurance covers property-related damages. However, the insurance of the person who borrowed your vehicle may also cover or contribute to covering property-related damages. For example, their insurance may contribute if damages exceed your policy’s limits.
Also, while your personal injury protection (PIP) insurance can cover the medical damages of the person who borrowed your vehicle their PIP insurance can also cover or contribute to covering their damages. For example, their insurance can cover their damages if these damages exceed your policy’s limits.
What If Someone Borrowed My Car Without Permission?
If a friend, family member, or someone else borrowed your car without permission and got into an accident, they may be directly liable for the damages.
Our firm can discuss this with you in greater detail.
What Will a New York Car Accident Lawyer Do for Me?
A lawyer will protect you from liability for certain damages. Even though in many cases, your insurance will shield you from any out-of-pocket costs, the other driver may be able to hold you (or the person who borrowed your car) liable for certain damages. However, an attorney will seek to protect you from this liability. This could even prevent you from being sued.
Your lawyer will also assist in other ways, such as:
- Protecting you if your insurers claim they aren’t responsible for compensating you or you’re responsible for certain damages
- Preventing your friend’s/family member’s insurers from avoiding their responsibility for covering certain damages
- Determining your damages so you can receive compensation
- Establishing your friend’s/family member’s damages so they can receive compensation
- Assigning monetary value to recoverable intangible damages, such as pain and suffering, emotional distress
- Seeking out and providing evidence of your damages (such as your vehicle repair bills) and evidence of the other driver’s liability (such as traffic camera footage of the incident)
- Proving liability and negligence by showing how the case demonstrates the elements of negligence in the case (including duty of care and breach of duty)
- Filing your insurance claims for you to ensure they are accurate and thorough
- Negotiating with insurers for your compensation
- Suing the other driver for your damages, if necessary, by filing a lawsuit
Your lawyer will work on your case, even if it involves major injuries or loss of life.
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Learn More About Liability if Someone Borrows Your Car and Gets in an Accident
While generally, you may be liable if someone borrows your car and gets in an accident, it isn’t necessarily as simple as that, and your insurance might protect you you adequately. You might also have to rely on your friend’s/family member’s insurance. Or, if the other driver caused the accident, a claim or lawsuit against them for your damages and the damages of the person who drove your car may be indicated.
Our firm has over 30 years of experience handling complex car accidents and other personal injury cases, so we know how to handle your case, even if it means suing. For this reason and many others, you should consider hiring one of our New York car accident attorneys. To learn more about negligence and liability in your case and hiring an attorney from our firm, call Friedman & Simon, L.L.P. for a free consultation today.