What Happens If Someone Else Is Driving My Car And Gets in an Accident?

Do you ever let your friends or family members borrow your vehicle? While lending someone else your car might seem like a minor favor, doing so can potentially expose you to liability. If the person who borrowed your car subsequently caused an accident, you might wonder, “What happens if someone else is driving my car and gets in an accident?” Scroll down to learn what happens in this situation.

What Happens If Someone Else Is Driving My Car And Gets in an Accident?

What happens if someone else is driving my car and gets in an accident? The answer depends on whether the person who borrowed your car was at fault or if the other driver was. In Massachusetts, automobile insurance follows the car instead of the driver. This means that if your friend or family member caused the accident, your comprehensive and collision insurance and your property damage liability insurance will pay for the damages. However, your personal injury protection follows the driver instead of the vehicle. This means the driver’s PIP coverage will pay for their injuries. The driver’s liability insurance will kick in after your policy limits are exhausted as secondary insurance.

Massachusetts recognizes a couple of legal doctrines through which liability for an accident can be imputed to you, including negligent entrustment and negligent supervision by a parent.

Negligent Entrustment of a Vehicle

In Massachusetts, car owners are expected to not lend their vehicles to incompetent drivers. Under the legal theory of negligent entrustment, you can be liable to pay damages to an injured victim if you loan your vehicle to someone you knew was an incompetent driver. For example, if you agreed to loan your vehicle to a friend who you knew was unlicensed, had their license revoked, or had a lengthy history of drunk driving, you could be found liable under a theory of negligent entrustment when the driver’s incompetence or unfitness caused an accident and the victim’s injuries.

Negligent Supervision by a Parent

You can also be found liable under a theory of negligent supervision as a parent if you loaned your car to your minor child in certain cases. If you knew that your child had a history of driving recklessly or dangerously but still agreed to let them use your car without taking appropriate action to prevent them from engaging in dangerous driving behavior, you could be responsible for paying damages to someone who is injured in an accident caused by your teen.

When the Other Motorist Might Sue You

If the other motorist or their passengers were seriously injured in an accident caused by the person you loaned your car to, their attorney will likely look at the driver’s history to determine whether you can be held liable for loaning the at-fault motorist your vehicle. If the driver has a history indicating they were an incompetent or unfit driver or was your teen child with a history of driving recklessly or dangerously, you might anticipate being named as a defendant in a lawsuit.

What If the Person Who Borrowed Your Car Wasn’t at Fault?

If the person who borrowed your car and had an accident wasn’t at fault, they can file a claim against the other driver’s insurance if they suffered serious injuries. If their injuries were not serious, they will need to file a claim with their personal injury protection and medical payments coverage since Massachusetts is a no-fault state. To step outside the no-fault system and file a lawsuit against the at-fault driver, their injuries must qualify as serious, and they must have incurred at least $2,000 in medical expenses to treat them.

Talk to the Car Accident Lawyers at Ellis & Associates

If you suffered serious injuries in a car accident that was caused by the other driver and have learned that the at-fault driver had borrowed the vehicle, you should speak to the experienced lawyers at Ellis & Associates. We can review your case and identify all potential sources of recovery to maximize the compensation you might receive. Call us for a free consultation at 800-MR-ELLIS.