Driver Vs. Car Owner Liability In Auto Accident Claims
Between the car owner and driver, who compensates accident victims when a driver causes a crash with a borrowed car? Remember, you must identify the liable party to get your auto accident compensation. Below are factors that determine liability in such cases.
Driving Permission
Someone can drive your car with or without your permission. Each scenario determines who compensates the victim if the driver causes an accident.
As an auto accident victim, the driver is liable for your damages if they did not have the car owner's permission to drive the car. Consider a case where someone steals a car and causes an accident while driving away. In such a case, the thief and not the car owner compensates the accident victims.
Consider an alternate situation where a car owner loans their car to a neighbor for the weekend, and the neighbor hits a pedestrian. The pedestrian has the right to claim damage compensation from both the driver and the car owner.
Accident Cause
An accident's cause usually determines the liable party, which is true when a driver causes an accident while driving another person's car. The car owner is liable for damages if they foresaw or could have foreseen the accident but failed to correct it.
Consider a case where a person loans their car to a teenager without a driving license or insurance. The car owner should know that those without driving licenses should not be on the road because such drivers have a high risk of crashes. Thus, the car owner should compensate accident victims if the teenager causes an accident with the car.
Insurance Limits and Damages
The driver and car owner may be liable for the auto accident damages. Dual liability is more of a possibility with permissive car use that causes an expensive accident.
Consider a case where someone borrows a car and causes an accident that totals an expensive supercar. In such a case, the car owner's insurance is the primary source of compensation funds. However, the borrower's insurance kicks in if the car owner's coverage limits cannot compensate for all the damages from the accident.
As you can see, multiple factors determine compensation sources if someone causes an accident in a borrowed car. As an auto accident victim, you should include the car owner and driver in your damage compensation claim. After all, your goal is to get compensation, irrespective of the source. For more information, contact a personal injury lawyer near you.