You kindly lend your car to a friend or family member, trusting they’ll drive safely and return it in one piece. But what if the unthinkable happens? What if they get into a car accident while driving your car? What if your car is damaged or they get hurt? When this happens, a well-intentioned favor becomes a complicated web of insurance claims, legal liability, and financial stress.
As if dealing with a wrecked car isn’t stressful enough, now you’re thrust into the confusing world of California auto insurance and injury laws. Who’s going to pay for the damages? What if the other driver was at fault? Will your insurance rates skyrocket? It’s enough to make your head spin.
Take a deep breath. We’re here to explain what happens in this unfortunate situation and give you the knowledge to handle it confidently. California has specific laws governing car accidents and insurance—we’ll walk you through the key things you need to know so you’re prepared if you ever find yourself in this predicament.
California’s Car Insurance Requirements
First, a quick primer on California’s auto insurance laws. The Golden State requires all drivers to carry liability insurance with the following minimum coverage limits:
- $15,000 for injury/death to one person
- $30,000 for injury/death to more than one person
- $5,000 for property damage
(California Insurance Code §11580.1b)
This means if you cause an accident, your insurance will pay for the other party’s injuries and property damage up to those amounts. Anything beyond that could come out of your own pocket – a scary thought.
But what about when someone else is driving your car? California law requires insurance to follow the vehicle, not the driver (California Vehicle Code §16451). So if you give your friend permission to drive your car and they cause a crash, your insurance is considered the primary coverage that will kick in first.
When Your Friend is at Fault
Let’s say you gave your friend permission to drive your car and they rear-ended another car at a stoplight, and it’s clearly their fault. In this case, your insurance will cover the other driver’s injury and property damage costs up to your policy limits. If the damages exceed those limits, you and your friend could be on the hook for the rest – that’s why it’s smart to have coverage higher than the bare minimum.
In typical circumstances, even if your friend has their own car insurance, it will only act as secondary coverage after yours is exhausted. And here’s a hard truth: your insurance rates will likely go up as a result of the accident, even though you weren’t the one driving.
When the Other Driver is at Fault
Now, let’s imagine your friend is driving your car and gets plowed into by a reckless driver who blew a red light. In this situation, the other driver’s insurance should cover the damages to your car and your friend’s medical bills – but it’s not always that simple.
The at-fault driver might not have insurance (even though it’s required in California), or their coverage limits may be too low to pay for the damages fully. In those cases, you may need to turn to your own optional insurance coverage, like collision, comprehensive, Medical Payments (MedPay), or Uninsured/Underinsured Motorist coverage, to fill in the gaps.
For example, MedPay coverage (which you can add to your policy) will help pay for your passenger’s medical bills after an accident, regardless of fault, if they don’t have their own health insurance (Cal. Ins. Code §11580.2). Uninsured Motorist coverage steps in to cover your injuries and damages if you’re hit by an uninsured driver.
Why You Need a California Car Accident Law Firm
If you find yourself tangled up in an insurance claim after someone else crashed your car, you might think, “Can’t I just handle this on my own?” Well, you could try – but having an experienced car accident lawyer on your side can make a world of difference.
Insurance companies are notorious for trying to lowball settlements and wriggle out of paying what you deserve. They may try to pin more of the blame on you or your friend to reduce their payout. A skilled car accident attorney knows all the insurance company tactics and will fight tenaciously to get you fully compensated.
A good car accident lawyer can also navigate the complex web of insurance rules and state laws that come into play in these cases. They’ll deal with all the paperwork, phone calls, and negotiations so you can focus on recovering. And if the insurance company refuses to play fair, your car accident lawyer can take them to court.
Contact Our San Bernardino Car Accident Lawyers
Dealing with the aftermath of a car accident is never fun, especially when you aren’t even the one behind the wheel. An experienced San Bernardino car accident attorney at our law firm can help you through what comes next.
Contact William D. Shapiro Law, Inc. today by calling us at 909-890-1000 or complete our confidential contact form to schedule a free, no-obligation consultation. Remember, you don’t have to face this difficult time alone—trust the dedicated professionals at William D. Shapiro Law, Inc., to help you on the road to recovery.
