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Licensed property and casualty insurance agent
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NPN: 21630969
Updated
If someone else gets in an accident while driving your car, you could be liable for damages.
Who’s liable after an accident depends on fault and whether you gave the driver permission to use your vehicle.
If an accident injures or kills someone, California law requires you to report it to law enforcement within 24 hours.
If someone else crashes your car in California, you may be liable for damages. In California, car insurance usually follows the vehicle, not the driver. California is also an at-fault state, meaning the driver who causes the accident is responsible for injuries and damages.[1]
What happens if someone else crashes your car in California also depends on whether you gave them permission to drive it.
Permissive use: If you allow someone to drive your car, insurers consider it permissive use. If they cause an accident, you could be responsible for damages and injuries.
Non-permissive use: If someone drives your car without your authorization, it’s considered non-permissive use. If they crash your car, you may not be liable for damages because you didn’t give them permission to drive it.
The following table shows who’s at fault and who pays for the damage, depending on the driver’s permission under California law.
Permission  | Fault | Who Pays |
|---|---|---|
| Driver had permission | Driver caused the crash | Vehicle owner, then at-fault driver |
| Driver had permission | Driver didn’t cause the crash | At-fault driver |
| Driver didn’t have permission | Driver caused the crash | At-fault driver |
| Driver didn’t have permission | Driver didn’t cause the crash | At-fault driver |
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The person paying for damages after someone else crashes your car in California depends on who’s at fault. Whether you gave the driver permission also matters.
If you gave the driver permission and they caused the accident, your insurance generally provides primary liability coverage. If damages exceed your policy limits, the driver’s insurance may act as secondary coverage.
If the other driver is at fault for the auto accident, their liability insurance would cover damage to your vehicle.
Liability insurance helps pay for damage or injuries to others, but it doesn’t cover your vehicle. To cover damage to your car, you need collision coverage. Collision coverage usually applies regardless of who was driving or at fault.
The following table shows the required coverage types and minimum limits in California.
Coverage Type | Minimum Required Limit | What It Covers |
|---|---|---|
| Bodily injury liability | $30,000 per person / $60,000 per accident | Helps pay for injuries or death that you cause to others |
| Property damage liability | $15,000 | Helps pay for the damage you cause to objects, structures, or another person’s car |
In California, most car insurance follows the car, not the driver. If you give someone permission to drive your car and they cause an accident, your car insurance acts as primary coverage. If damages exceed your coverage limits, the driver’s policy would act as secondary coverage.
Liability, collision, and comprehensive coverage generally follow the vehicle. But uninsured/underinsured motorist (UM/UIM) and medical payments (MedPay) coverage typically follow the driver.
Before you give someone permission to use your car, make sure you understand your policy. Not all auto insurance policies cover permissive use. Some limit coverage for permissive use or require a higher deductible for permissive-use insurance claims.[2]
The table below shows what different types of insurance cover and when they apply.
Coverage | What It May Pay For | When It May Apply |
|---|---|---|
| Bodily injury liability | Injuries caused to someone else | You or a permissive driver causes an accident that results in injuries to others |
| Property damage liability | Damage caused to another person’s vehicle or property | You or a permissive driver causes an accident that results in damage to another person’s vehicle or property |
| Collision | Damage to your vehicle from colliding with another vehicle or object | You or someone else damages your vehicle in a crash, regardless of fault |
| Comprehensive | Damage to your vehicle caused by something other than a collision | A covered event damages your vehicle, like theft or severe weather |
| Uninsured/underinsured motorist | If a driver without enough coverage hits your car | An at-fault driver doesn’t have liability insurance or lacks enough coverage |
| Medical payments | Medical bills and expenses for you and your passengers | When you or your passengers need medical attention, regardless of fault |
Permissive use is when you give someone not listed on your auto insurance policy permission to drive your vehicle.[3] There are two different types of permissive use:
Express permission: You give someone express permission to drive your car by providing verbal or written consent. For example, you say yes when your visiting cousin asks to borrow your car.
Implied permission: Implied permission is when someone assumes they have your consent to drive your car based on past behavior. For example, your sibling borrows your car without asking, but you’ve given them permission in the past.
Whether a driver has permission to drive your car affects whose insurance pays first if they get in an accident. If they have permission and cause an accident, your insurance typically pays first.
Non-permissive use is when someone drives your car without your express or implied permission. If someone drives without permission and crashes your car, their insurance would usually cover the damage.
For example, if a friend borrows your car without asking and gets into an accident, their insurance should act as primary coverage. But it can be difficult to prove if you gave permission.
If someone steals your car and causes an accident, you typically won’t be liable for damages because you didn’t provide permission.
Your insurer can deny a claim if someone else crashes your car, even if they had your permission. Here are some common exceptions where an insurer may deny a claim or limit coverage:
The driver didn’t have a valid license. If you lend your car to someone who doesn’t have a license and they get in an accident, your insurance company will likely deny the claim.
The driver used your car for commercial purposes. Your insurer might not cover damage if someone crashed your car while driving it for business, such as if your friend uses your car to make deliveries and gets in a crash.
Your policy excludes the driver. If you let someone drive your car who your policy names as an “excluded driver,” your insurer will likely deny coverage.[4]
In these examples, the person responsible for paying damages depends on who’s at fault and whether your insurer covers the claim.
You might be personally liable if someone else driving your car gets into an accident. Under California law, vehicle owners may be responsible for damages if they let someone use their car and that person causes an accident.
For example, if you lend your car to someone to run errands and they get into an accident, you’d likely be liable for the injuries and property damage they cause.
You could face even harsher penalties if you know someone is drunk and you let them drive your car. The state of California considers it negligent entrustment if you allow someone to drive when you know they’re unfit to do so. If you lend your car to someone you know is incompetent or reckless and they cause an accident, you’d be responsible for damages.
Whether your insurance goes up if someone else crashes your car in California largely depends on who’s at fault.
If the person driving your car is at fault, you typically file a claim with your insurance. Your insurer is likely to raise your rates if you file a claim. The driver might get a ticket or a moving violation for causing the crash, but your insurer would record the accident on your claims record.
If the driver isn’t at fault, California law generally restricts insurers from increasing premiums solely because of an accident. But other rating factors may apply that could increase your rates.
Drivers with a clean record in California pay an average of $96 per month for minimum-coverage insurance. With an accident on your record, the average liability rate increases to $122 per month.
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If someone else crashes your car in California, follow these steps:
Check whether everyone is safe. If anyone is injured, call 911 right away. If there are no injuries, move your vehicle out of the way and then call 911.
Report the accident to the authorities. Have the driver contact the authorities and file a police report. If anyone is injured or killed, you must report the accident to law enforcement within 24 hours.[5]
Get the other driver’s information. Ask for the other driver’s name, address, phone number, insurance, license, and registration.
Document the damage. Take photos of the damage to the vehicles and the accident scene.
Report the accident to the Department of Motor Vehicles (DMV). If anyone suffers injuries or the damage exceeds $750, you need to report the accident to the DMV within 10 days. Failure to do so can result in the DMV suspending your license.
Notify your insurance company. Contact your insurer to report the accident. You’ll likely need to provide documentation of the incident. If you file a police report, you’ll also need to provide it to your insurer.
To protect yourself and your vehicle in California, lend your car only to licensed, responsible drivers. Before you hand over your keys, make sure you understand your car insurance policy.
If you lease or finance your vehicle, you’ll likely need to have a full-coverage policy. Full coverage usually includes comprehensive and collision coverage. Full coverage can help pay to repair or replace your vehicle, even if someone else is driving your car and causes a crash.
Here are some other tips you can use to protect your car in California:
Verify the other driver’s license. Before you let someone else drive your car, confirm they have a valid license and the necessary insurance coverage.
Review your policy exclusions. Confirm your policy covers permissive use and review the list of excluded drivers.
Review coverage limits. Understand the types and amount of coverage you have.
Avoid regularly lending your car. To reduce the chances of someone crashing your car while driving it, limit how often and to whom you lend your vehicle.
You should consider calling a car accident lawyer in California when someone else crashes your car if:
Someone is seriously injured, or there’s significant property damage
There’s a dispute over who’s at fault
Damages exceed your insurance limits
There’s a dispute over permissive use
There are questions about negligent entrustment
If you have questions about California car accidents or car insurance laws, speak to a licensed car accident attorney. Many personal injury lawyers offer free consultations. This article provides general information and doesn’t replace legal advice from a law firm.
Here’s more information about what happens if you lend your car to someone and they get in an accident in California.
Whether you’re liable if someone else crashes your car in California depends on whether you gave the other person permission to drive your vehicle. In California, vehicle owners may be liable for injuries, death, or property damage resulting from a permissive driver’s negligent operation of the vehicle.
It depends. Most insurers allow someone not listed on the policy to drive your car. This is called permissive use. They must have your permission and a valid driver’s license. Not every company allows permissive use, so check your policy documents to find out if yours does.
If you finance your car and someone crashes it, your insurance will typically act as primary coverage. Many lenders require full-coverage insurance on financed vehicles, so your collision coverage may cover repairs to your vehicle. If they total your car, you’ll likely still owe your remaining loan balance unless you have gap insurance.
In many cases, you can add someone who doesn’t live with you to your insurance. For example, you can typically include your child on your policy while they’re away at college. If you have a friend who regularly borrows your vehicle, you might be able to add them to your policy. Rules vary between insurers, so make sure you understand your specific policy.
Yes. Your insurance company can drop you after someone else crashes your car, but only under specific circumstances. Generally, insurers can cancel or refuse to renew your policy only if you fail to pay your premiums, commit fraud, or cause a substantial increase in the level of risk to the insurer.
)
7+ years in personal finance writing
Certified Financial Education Instructor
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
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