The aftermath of a car accident can vary from straightforward to legally complex, depending on the circumstances. For instance, if I let someone borrow my car and they get in an accident, liability often hinges on factors like permission, insurance coverage, and responsible lending. The Law Office of Cohen & Jaffe dives into these details to help you understand your legal standing and safeguard your rights.
In most cases, the at-fault party is liable for the damages. Suppose your friend or family member wasn’t at fault; neither they nor you would generally be responsible, assuming the car wasn’t stolen, an entirely different legal issue. Still, exceptions can arise based on New York laws and the specifics of your insurance policy.
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The Circumstances of the Accident Will Dictate Who Pays for Damages
The following factors will determine if you are liable:
You Gave Your Family Member or Friend Permission to Borrow Your Vehicle
In most instances, they will be covered by your insurance policy if the use of the vehicle is truly permissive. If you did not give permission, such as in the case of auto theft, it’s possible that you might not be liable for damages.
Your Family Member or Friend Who Is Part of Your Household
You will want to check your insurance policy, but generally, anyone living in your house will be covered when driving your car unless they are expressly excluded from your policy. If they are explicitly excluded from your policy, your insurance will likely not cover the accident, and you might have to pay for damages out of your pocket.
You Lend Your Car to an Impaired or Unlicensed Driver
You may be sued for damages if you let someone without driving privileges or an intoxicated person drive your vehicle and they cause an accident.
The Damages Caused Exceed Insurance Limits
You may have to pay for damages out of your own pocket if they exceed your insurance policy limits or if the driver does not have insurance to cover the excess. In this case, you could rely on your uninsured/underinsured (UM/UIM) motorist coverage.
This type of insurance is an optional plan you could have selected when you first retained car insurance. It can cover the medical bills up to policy limits, as well as pain and suffering.
What if My Friend Was Driving Under the Influence (DUI)?
Operating a vehicle under the influence is a serious offense in New York. According to New York’s Vehicle and Traffic Law § 1192, driving while impaired by alcohol or drugs is strictly prohibited. If you knowingly lent your car to a friend who was intoxicated or otherwise impaired, you could face liability not only for damages caused by the accident but also for potential legal consequences.
What Happens if the Driver Was Breaking the Law When They Wrecked?
If the person who borrowed your car violated traffic laws when they caused an accident, your legal situation could become more complicated. Under New York Vehicle and Traffic Law 388, as the vehicle owner, you may be held “vicariously liable” for negligent acts committed by someone you permitted to drive your car. This means you could share responsibility for damages even if you weren’t behind the wheel.
Protect Yourself and Your Vehicle
To reduce risks when lending your car:
- Always verify the borrower’s driver’s license and ensure they have no prior record of reckless driving.
- Be cautious and avoid lending your car to anyone under the influence of alcohol or drugs.
- Regularly review your insurance policy to understand its coverage, exclusions, and limits.
Understand Your Car Insurance Coverage
It is important to note that New York is a no-fault insurance state, so your insurance covers the insured driver’s medical expenses, lost wages, and other incidental expenses, no matter who is at fault for the accident.
In most cases, your auto insurance policy will follow your car, not the driver, so if your friend or family member borrows your car and gets into an accident, your insurance will be the primary coverage that will apply.
However, what actually is covered will depend on the facts and circumstances of the accident. Make sure you understand your insurance policy, including what is covered and the policy limits. While the best way to avoid any liability is to not lend your car to anyone, if you must, use discretion and caution when deciding who can drive your vehicle.
If the Other Driver Was at Fault for the Car Accident
In the event the losses go over the policy limits, you can hold the other driver responsible if they are deemed negligent. To establish negligence, we would have to prove these four elements:
- A duty of care: The other driver was to act in accordance with the traffic laws to keep other road users safe.
- Violation or breach of duty: The other driver didn’t live up to the duty of care they owed you. They could have driven while drunk, fatigued, or distracted.
- Causation: The other driver’s negligence caused an accident.
- Damages: You and the person driving your car face economic and non-economic damages.
The driver of your vehicle can give their account as to what happened, but that is not sufficient enough to show the insurance company that they are entitled to compensation. In that case, you might want to gather evidence like the crash or medical reports, photographs of the injuries the driver of your vehicle sustained and the accident scene, video surveillance, and other people’s testimonies.
Contact an Experienced Car Accident Lawyer Today
If someone else was driving your car and got in an accident in New York, consider consulting a car accident attorney on our team right away, as you may be liable for damages that you personally did not cause. Our attorneys can thoroughly investigate the accident, your friends’ insurance, or the other parties’ insurance coverage to ensure you are not unfairly held liable for any damages.
Call the Law Office of Cohen & Jaffe, LLP, at (516) 358-6900 or complete our contact form to learn more about what we can do for you. For your convenience, we are available 24/7. Let our Long Island personal injury attorney help you put your life back together.
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