Dawn Pinnisi
February 26, 2024
Many car accident cases can be surprisingly complicated, as they can involve a web of insurance policies and parties. One scenario that can get challenging is when someone else is driving your car and gets in an accident, whether it is their fault or not.
It is always important to have help from a New Jersey car accident lawyer from Varcadipane & Pinnisi, PC, in these types of situations.
What If Someone Else Drove Your Car And Crashed It?
If someone else drove your vehicle and was involved in an accident, two factors usually determine whether you or they will be liable. These two factors are:
- Your insurance policy parameters: The terms of your car insurance policy can determine who is liable for an accident if you were not the driver of the vehicle that was involved in a crash.
- Permitted use: Whether or not you permitted the driver to use your car will also play a role in whether you or they or an at-fault driver is held responsible for damages.
In most instances, New Jersey auto insurance policies only cover a vehicle, not a driver. Sometimes, a policy liability coverage will extend to the person driving your vehicle, but this is not always true. That’s why it’s best to speak with one of our NJ car accident attorneys who can determine if you or the driver is liable or a separate at-fault party.
What Is Permissive Use?
According to the “permissive use” doctrine, your insurance coverage will only extend to your car’s driver if you gave them permission to use your vehicle at the time of the accident.
If you gave a friend or family member permission to drive your car and they were involved in a crash, your insurance’s liability coverage will act as primary coverage. This coverage extends to your car’s driver and not only the vehicle itself. Thus, all damages will be paid for by your insurance until it’s exhausted. In this scenario, the driver of your car (friend or family member) will have their own auto insurance that will activate and act as secondary coverage unless they have no insurance. If needed, this secondary insurance will cover the remaining damages until it too is exhausted.
The primary and secondary coverage can compensate the accident victim while protecting your friend or family member from being held personally liable to pay compensation.
Yet it’s important to note that your insurance premium rates will likely rise even though you were not the driver who caused the accident. This is because insurers believe you are a higher risk if you loan out your vehicle.
You should also note that there is an exception to the permissive use doctrine. If you negligently entrust another person with permission to use your car, you can be held liable for damages incurred during the accident.
What Is Non-Permissive Use?
If you did not give the driver of your vehicle permission to use your car and they were involved in an accident, this is known as non-permissive use. There are two ways this can happen.
Firstly, a friend or family member could have used your car without asking you for permission. Secondly, your car was stolen, and the driver drove it with the intent of depriving you of ever driving it again.
No matter which scenario applies to your case, the car’s driver and not the car owner are typically responsible for accident damages. This means that your insurance coverage won’t extend to them because you never gave permission for your car to be used. Ultimately, it will be the at-fault driver’s insurance coverage that will be responsible for covering damages.
Unfortunately, in New Jersey, if you failed to take reasonable steps to prevent your vehicle from being stolen, you could be held liable for the resulting accident. In addition, it’s important to note that it is incredibly difficult to prove that you did not give permission to a family member or friend to drive your car, so you might be held liable by insurers, civil courts, and plaintiffs. That’s why speaking with an auto accident attorney about this matter is crucial.
Speak With An NJ Auto Accident Attorney Today
Evidently, car accident cases involving your car and not you can be tricky to navigate. That’s why it’s best to seek advice from a New Jersey car accident attorney with years of experience handling accident cases involving vehicles and alternate drivers.
At Varcadipane & Pinnisi, PC, our attorneys know how to provide counsel for this type of accident. We can help determine if your case involves permissible or non-permissible use and how to proceed. So contact us here, and we can help you.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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