Accident With a Borrowed Car in Florida: What Happens?

The next steps after someone else drives your car and has a car accident in Florida aren’t clear-cut.

In the Sunshine State, car insurance typically follows the car. But the consequences ultimately depend on the circumstances of the accident, the extent of the damage, and whether you gave the driver permission.

Here’s what you need to know about how your car insurance works in each situation, what your legal responsibilities may be as the car owner, and when to consider involving an attorney.

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What happens if the person driving your car causes the accident

If someone borrowing your vehicle causes a car accident, you may or may not be liable for the damages the other party suffers, depending on the circumstances of the accident.

Your liability insurance can potentially cover the not-at-fault driver’s injuries and vehicle damages. If you want coverage for your own vehicle damages, you need a full-coverage insurance policy.

Here’s a quick dive into some of the nuances of Florida insurance laws.

If the driver is a family member

The family purpose doctrine in Florida dictates that parents are responsible for property damage and injuries caused by their children younger than 18 years old.^[1]

For older family members, the laws may vary depending on whether you gave the driver consent to use your vehicle.

If you gave the driver permission to borrow your car

If you give someone permission to use your car — a practice known as permissive use — and they cause an accident, Florida law dictates that you’re liable for bodily injury and property damage. Specifically, you’re responsible for up to $100,000 per person and $300,000 per incident for bodily injuries and up to $50,000 for property damage as the car owner. If you have insurance coverage on the vehicle, your liability insurance should at least partially cover the cost.

The driver is typically responsible for any damages beyond that. But if they don’t have their own car insurance or they have less than $500,000 in combined property damage and bodily injury liability, you’ll be liable for up to an additional $500,000 in damages.^[2]

If you didn’t give the driver permission to borrow your car

If someone used your car without your permission and caused an accident, the driver is typically responsible for any damages they caused. If they’re uninsured or have insufficient coverage, you may still need to file a claim for collision coverage to repair your car. You may also need to pursue legal action against the driver.^[3]

If the borrower used your car for business purposes

Personal auto insurance policies may provide some coverage for occasional business use. But if the person borrowing your car is primarily using it for business purposes, such as ridesharing or food delivery, your insurer may not cover the damages.^[4]

What happens if the other driver is at fault

Florida is a no-fault state, which means that you have to file a claim for bodily injuries with your car insurance company after an accident, regardless of fault. All drivers in the state must carry a minimum of $10,000 in personal injury protection (PIP) coverage. PIP insurance will cover 80% of necessary medical bills up to $10,000 following a car accident.

But if the other driver is at fault in the crash, their insurance policy will typically cover your damages beyond what your PIP coverage provides.

If the other driver doesn’t have any or has sufficient insurance coverage, you may be able to rely on your insurer for protection if you have uninsured/underinsured motorist coverage. This type of insurance can cover bodily injury, damage to your vehicle, and other property damage.^[5]

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Why your insurance company might deny a claim when someone else is driving your car

Depending on the situation, your insurance company may refuse to honor an insurance claim for a borrowed vehicle. Potential reasons include:

• You didn’t give permission. For example, if someone steals your vehicle and has an accident, they’d likely be liable for damage and loss.

• The borrower caused the crash. If the borrower causes the crash, your coverage may not extend to cover your vehicle damage. You need a full-coverage insurance policy — or at least collision insurance — to cover damage from a car accident.

• The borrower used your car for business purposes. Most personal auto policies don’t include coverage for business-related vehicle usage.

• The driver is specifically excluded on your car insurance policy. If your insurance policy specifically excludes a driver, your car insurance company won’t cover them driving your vehicle.

• The driver doesn’t have a license. Allowing an unlicensed driver to borrow your vehicle is a criminal offense in Florida.

• The insurer determines negligent entrustment. If you let someone drive your vehicle who shouldn’t, you may personally be on the hook for any damage they cause with your vehicle. For example, this can apply if you let someone with a poor driving record or suspended license drive your vehicle.

Accident when someone else drives your car FAQs