What Happens if Someone Else Is Driving Your Car and Gets in an Accident?

Permissive use means that you’ve explicitly permitted someone else to drive your car. You can grant permission either verbally or in writing.

Arkansas follows the legal “implied consent” principle when allowing someone to drive your car. This means that if you lend your vehicle to a friend, family member, or someone else regularly, the law may consider that you’ve given implied consent for them to use your vehicle. In such cases, your insurance coverage is more likely to extend to them, even if you haven’t given explicit permission for a specific trip.

If an accident occurs while the driver has your permission, your auto insurance will typically cover damages up to the policy limits. However, you might need additional coverage if the damages exceed your policy limits.

While implied consent is a factor, it’s always a good idea to provide express consent whenever someone else drives your vehicle, especially if it’s not a regular occurrence. Express consent can be as simple as saying, “Sure, you can borrow my car.” Having this express permission can help clear up any potential disputes later.

Non-permissive use, on the other hand, occurs when someone drives your vehicle without your explicit consent. In such cases, your insurance company might not cover the accident because they might argue that you did not authorize the driver to use your car.

If an accident happens with a non-permissive driver, you could be in a sticky situation. Your own insurance company might deny coverage, leaving you and the driver personally responsible for any damages, injuries, or legal consequences. This is why it’s essential to ensure that anyone borrowing your car has your explicit permission.

Arkansas allows car insurance policies to list “excluded drivers.” These are individuals who are explicitly excluded from coverage under your policy. If you’ve excluded someone from your policy and they get into an accident while driving your car, your insurance company is unlikely to cover the damages.

Arkansas, like many states, recognizes the concept of negligent entrustment. If you knowingly lend your car to someone unfit to drive, such as someone with a suspended license or a history of reckless driving, you could be held liable for any damages or injuries they cause in an accident.

If the person driving your car is at fault for an accident, the liability for the damages generally falls on your insurance policy. In Arkansas, as in most states, the vehicle owner’s insurance is typically the primary coverage. This means that your car insurance will be responsible for covering the costs of property damage, medical expenses, and injuries sustained by the other party involved in the accident.

Your liability coverage, a mandatory component of auto insurance in Arkansas, will come into play. It should help cover the other party’s damages up to the policy limits you have selected. You could be personally responsible for the excess amount if the damages exceed your policy limits.

In Arkansas, if another driver is at fault for the accident, you can seek compensation from the at-fault driver’s insurance policy. Your insurer and attorney must negotiate with the at-fault driver for compensation. If you’d like to ensure that you receive the maximum amount of compensation, give our experienced car accident attorneys a call today. We’ll help you with all of the details and build a strong case to get you the payment you deserve.

If the person borrowing your car gets into an accident and either they or the at-fault driver doesn’t have insurance or has insufficient coverage (underinsured), your insurance should cover you. In Arkansas, uninsured motorist coverage is required to cover your medical bills, property damage, and other relevant costs if your driver or the other driver lacks insurance.

Your uninsured motorist coverage will be especially important in these situations, as it helps protect you financially when the other driver can’t cover your expenses. Underinsured motorist coverage can also help bridge the gap when the at-fault driver’s auto insurance limits are insufficient to cover your damages.

In most cases, when someone borrows your car with your permission and causes an accident, your auto insurance policy is the primary source of liability coverage. This is a standard principle in auto insurance and is often called “permissive use.”

However, it is important to know that liability can vary depending on which state your accident occurs in. In Arkansas, for example, insurance generally follows the vehicle. As long as you permit someone to use your vehicle, your insurance will cover the damages up to your policy limits.

Tennessee operates on a similar principle, where insurance typically follows the vehicle. However, Tennessee law allows for “vicarious liability,” which means

Yes, your insurance premiums can potentially go up even if you weren’t the one driving at the time of an accident. This might seem surprising, but it’s essential to understand how insurance premiums work and why this can happen.

If someone crashes your car, your insurance could be affected. Insurance often follows the vehicle, not the driver. So, if the person driving your car is found at fault, it could impact your insurance rates.

In Arkansas and Tennessee, an accident involving your vehicle goes on your insurance record. By law, your insurance company can consider this accident when determining your rates.

It’s important to note that the extent to which your premiums might increase can vary. Insurance companies have different policies and rating systems. After a friend wrecks your car, it pays to shop around and compare insurance rates.

Absolutely! In most cases, when a family member drives your car and causes an accident, your insurance policy should still cover the damages. This is because many insurance policies extend coverage to household members, even if they are not explicitly listed as drivers on your policy.

You must review your insurance policy to understand how it defines “household members” and what terms apply to family members using your vehicle. Policies can vary, so clarifying the specifics with your insurance provider and an attorney is essential.