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No one expects to get a call saying their car was just in an accident, especially when someone else was behind the wheel. When that happens, a lot of questions come up quickly. Who’s responsible? Whose insurance pays? And most importantly, what happens if someone else is driving my car and gets in an accident?
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In Colorado, when a driver borrows your car with your clear permission and is involved in an accident, your insurance usually applies first to cover the damage. This is because, as stated by the Colorado DMV, insurance typically follows the car, not the person behind the wheel. Still, every situation is unique, and both the circumstances of the crash and the fine print in your policy can affect who is responsible and what’s covered. That’s why Dormer Harpring works with drivers across Denver to help them understand their rights and responsibilities in these stressful situations.
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According to DMV, in most instances, your car insurance will cover an accident even if someone else is driving your car. But there’s more to consider. Auto insurance typically follows the vehicle and not the driver. If you give permission to someone driving your car, and they get into an accident, your insurance may be considered primary. This could include liability to another vehicle and to your own if you carry collision coverage.
However, limits apply. If the damages exceed your policy limit, the driver’s personal auto insurance (if they have one) might act as secondary coverage. To fully understand your coverage, it’s essential to review your policy terms or speak with your insurance company.
If you let a friend borrow your car and they get into an accident because of their carelessness, you, as the owner, might end up being financially liable. Your insurance provider may require you to pay the deductible, which could also raise your policy premium.
Incidents that cause significant property damage or serious injuries often lead to higher costs and more complex insurance claims. If the expenses exceed your coverage limits, the driver’s insurance may cover some of the costs; however, any additional expenses could ultimately be your responsibility, and in some cases, this might even result in legal action.
Determining liability in an accident hinges on who is at fault. If another driver collides with your car, your insurance usually covers the damages initially, while the other driver’s insurance serves as secondary coverage. On the other hand, if the driver of your car is at fault, your insurance usually provides the primary coverage. However, as explained, the driver’s policy could supplement coverage if your policy limits are exceeded.
It’s worth understanding the concept of “permissive use.” If you give the driver permission to use your vehicle, your policy becomes the primary coverage. If not, and this can be proven, the driver or their insurer may have to handle damages independently.
When someone else is involved in a crash while you are driving your vehicle, several legal and insurance-based concerns may arise.
You may be considered legally responsible if you knowingly lent your vehicle to a driver who posed a clear risk, such as someone with a known record of drunk driving or repeated reckless behavior. This scenario falls under a legal concept called negligent entrustment.
In situations where the other driver was using your vehicle to run errands for you or acting in your interest, you could still be held legally responsible under what’s known as vicarious liability.
Insurance policies can contain clauses that limit or exclude coverage for specific people or uses. That’s why reviewing your policy carefully and understanding any restrictions before letting someone else drive your car is important.
If the at-fault driver is uninsured or lacks sufficient coverage, your UM/UIM (uninsured/underinsured motorist) coverage may help cover expenses that exceed what their insurance can pay. This protection is especially important when damage or injuries go beyond the limits of the driver’s own policy.
When someone drives your car without your knowledge or approval and crashes it, your insurance provider may refuse to pay for the damages. Even though insurance typically follows the vehicle, it often requires that the driver have authorized use.
Here’s what may happen:
A common concern we hear from clients is, What happens if someone else is driving my car and gets in an accident and there’s damage that exceeds policy limits? In these cases, any financial responsibility beyond coverage might fall on the driver, or in some situations, on you. It all depends on the fault and whether your insurer chooses to defend or settle.
Make sure the driver exchanges insurance and contact details with all involved parties and any eyewitnesses. This step supports both your claim and the insurance investigation.
Contact local police to file a report and promptly notify your insurance carrier about the incident. Accurate reporting lays the foundation for your claim and can prevent delays.
Take clear photos of the damage, the surrounding area, and any relevant traffic signs or conditions.
Whether injuries are visible or not, getting checked by a doctor is vital. Some injuries take time to show symptoms, and delaying care could harm your health and legal case.
For complicated or high-value cases, talking with a car accident lawyer can help you understand your options and protect your interests.
Legal help could be of assistance to you if your claim is rejected, damages exceed policy limits, or liability is not obvious. At Dormer Harpring, we’re here to offer legal advice and help you explore compensation options.
Navigating the complexities of insurance and liability after someone else crashes your car can be overwhelming. That’s where Car Accident Attorney Dormer Harpring comes in. Give us a call at (303) 747-4404 or visit us at 3457 Ringsby Ct Unit 110, Denver, CO 80216. Our team is here to protect your rights.
Denver Personal Injury Attorney
Fighting for Justice, Winning Against the Odds
Sean Dormer has built his career on standing up to powerful corporations and insurance companies to get justice for the injured. With a relentless trial-focused approach, he has secured multi-million-dollar verdicts and settlements for clients who were turned away by other firms. His expertise has led him to speak at statewide legal conferences and advocate for fairer personal injury laws in Colorado.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, K.C. Harpring, a Denver personal injury attorney with extensive legal expertise.
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