13+ years writing insurance and personal finance content
Insurance, lending, and retirement expert
Jacqueline has contributed content, and her personal finance passion, to dozens of noteworthy financial brands, including Credit Karma, Bankrate, and MagnifyMoney.
Sara Getman is an Associate Editor at Insurify and has been with the company since 2022. Prior to joining Insurify, Sara completed her undergraduate degree in English Literature at Simmons University in Boston. At Simmons, she was the Editor-in-Chief for Sidelines Magazine (a literary and art publication), and wrote creative non-fiction.
Outside of work, Sara is an avid reader, and loves rock climbing, yoga, and crocheting.
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You may choose to lend your car to a friend or family member, but this act may cause worries. What happens if someone else is driving your car and gets in an accident?
In California, auto insurance follows the car, not the driver.[1] In other words, the vehicle owner’s insurance typically covers accidents, even if someone else is driving. To get a clearer picture of what happens after an accident with a borrowed car, how car insurance applies, and what your potential legal responsibilities are as the car’s owner, read on.
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What happens if the person driving your car causes the accident
If you allow someone not included in your car insurance to drive your car, you have some protection. What happens post-accident can vary. Typically, your liability insurance will come into play to protect you if a borrower caused the accident.
Liability coverage pays for damages and injuries for the not-at-fault driver. This means if the person driving your car damages another driver’s car or injures them, your car insurance policy will likely cover those damages.
But you won’t receive financial support if the person driving your car is injured or if your car needs repairs. Think carefully before allowing someone else to drive your car since their accidents can cost you a lot.
There’s no guarantee you’ll receive coverage up to the full extent of your auto insurance policy. In some cases, your insurer may refuse to cover the accident at all. For example, if the driver borrowed your car without permission, that’s considered “non-permissive use.” In cases of non-permissive use, generally, the driver’s car insurance is the party that pays up.
If the driver is a family member
It’s very common to allow a family member to borrow cars you own. In California, the concept of family purpose doctrine affects what happens if a family member drives your car and gets into an accident.[2] The family purpose doctrine makes the owner of a vehicle responsible for accidents caused by family members while driving it.
Even if the owner didn’t give permission, they’re still held accountable because cars are dangerous if misused. The owner has an obligation to ensure their family uses the vehicle safely or not at all. The specifics of this rule depend on the state — some apply it only to parents and their kids, while others may include non-family members. You can add other people you intend to let drive as authorized drivers on your policy.
If the person drives the car without your permission, you may be able to pursue liable damages through their auto insurance policy. If they don’t have insurance, you might have to file the claim with your own insurer.
If you gave the driver permission to borrow your car
If you give someone, such as a friend or roommate, permission to borrow your car verbally or in writing, you’re granting them permissive use. In other words, you’ve approved of someone not listed on your car insurance policy driving your car. As a result, your policy may be responsible for any injuries or damages if the driver’s policy won’t step in to save the day.
If you didn’t give the driver permission to borrow your car
In the event you don’t give another driver permissive use, you shouldn’t be responsible for any damages that may occur from an accident the driver is in. If the driver doesn’t have an active insurance policy, you may need to file a claim with your insurer to receive the financial support you need to repair the damages to your car.
If you aren’t sure how to proceed after your car is in an accident, you can chat with an insurance agent about the next steps and how your different types of coverage, such as collision coverage, protect you.
If the borrower used your car for business purposes
Things get a lot more complicated if the driver uses your car for business purposes. In theory, they should have a commercial auto insurance policy to back them up. Whether the driver or their company is responsible for damages can vary, so again, chat with an insurance agent about how to best protect yourself in a situation like this.[3]
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What happens if the other driver is at fault
If the other driver is to blame for the accident, the driver of your car is off the hook. California is an at-fault state, which means the at-fault driver’s insurance policy is on the hook for the claim.[4] In an at-fault state, the driver responsible for causing an accident is liable for the resulting damages and expenses.
If the at-fault driver doesn’t have insurance, your uninsured motorist coverage can protect you by covering medical bills and compensation for property damage caused by the uninsured driver. Uninsured motorist coverage steps in when the at-fault driver has no insurance, and underinsured motorist coverage fills in the gaps if the at-fault driver’s policy limits are too low to cover all damages.
Why your insurance company might deny a claim when someone else is driving your car
Unfortunately, you don’t have as extensive protection from your car insurance policy when another driver is behind the wheel of your car during an accident. Car insurance companies are more likely to deny claims if the policyholder wasn’t to blame for the accident — especially if they didn’t give the driver permission.
If the driver used the car for business purposes, doesn’t have a license, or is specifically excluded from your auto insurance policy, the insurer is likely to give you a harder time when you file a claim.
Accident when someone else drives your car FAQs
To better understand what happens when someone else drives your car and gets into an accident, check out the answers to some common questions below.
Can you sue a friend for crashing your car?
If your friend crashes your car, you may be able to sue them for damages. It’s a good idea to consult a local accident lawyer to learn more about the litigation options in your state.
Who’s liable in a car accident in California, the owner or the driver?
California is an at-fault state. Regardless of ownership, the person at fault for a car accident is liable for that accident.
Does insurance follow the car or the driver in California?
California is an at-fault state, which means auto insurance policies follow the car, not the driver. Even when the driver isn’t the car’s owner, the auto insurance policy that protects that car needs to step up to the plate after an accident.
Can you just get into anyone’s car and drive it in California?
No, you can’t get into someone’s car and drive it in California without explicit permission. This permission is known as permissive use.
During college, Jacqueline DeMarco interned at a retirement plan advisory firm and was tasked with creating a presentation on the importance of financial wellness. During her research into how money can affect our health, relationships and career, Jacqueline realized just how important financial education is. Jacqueline is a contributor for Insurify and has worked with more than a dozen financial brands, including LendingTree, Capital One, Credit Karma, Fundera, Chime, Bankrate, Student Loan Hero, ValuePenguin, SoFi, and Northwestern Mutual, providing thoughtful content to give readers insight into complex topics that they likely didn’t learn in school.
Jacqueline has been a contributor at Insurify since October 2022.
Sara Getman is an Associate Editor at Insurify and has been with the company since 2022. Prior to joining Insurify, Sara completed her undergraduate degree in English Literature at Simmons University in Boston. At Simmons, she was the Editor-in-Chief for Sidelines Magazine (a literary and art publication), and wrote creative non-fiction.
Outside of work, Sara is an avid reader, and loves rock climbing, yoga, and crocheting.
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