Am I liable if someone borrows my car and gets in an accident in California?
Asked by: Prof. Roderick Lubowitz | Last update: April 12, 2025Score: 4.8/5 (48 votes)
What happens if you let someone borrow your car and they get in an accident?
If you allow someone else to drive your car and they get into an accident, your auto insurance policy will come into play. Proving fault can be difficult after some car accidents in California.
What happens if someone else is driving my car and gets in an accident in California?
If your friend or any family members get into an accident while behind the wheel of your vehicle, liability will also take into account whether or not they had driver's permission. California's laws on insurance coverage mean that the car insurance will follow the vehicle, no matter who is driving it.
Can someone drive my car if they are not on my insurance in California?
You can not drive a vehicle in California without insurance, and you or the person you're borrowing from must have insurance to drive legally. Your regular auto insurance policy in Los Angeles tends to follow the car instead of the person who has paid for the insurance. The same applies to when you borrow a car.
Does my insurance cover if someone borrows my car?
Contrary to popular belief, car insurance typically follows the car — not the driver. If you let someone else drive your car and they get in an accident, your insurance company would likely be responsible for paying the claim, depending on the coverages in your policy.
Am I Liable If Someone Borrows My Car And Gets Into An Accident?
Does insurance follow the car or the driver in California?
The Insurance Policy Follows the Car and Not the Driver
However, that does not mean that you should assume that the driver is covered. Some car insurance policies have language that excludes automatic coverage of certain drivers. You always need to review the exact language of the policy to understand who is covered.
Can someone drive my car if they are not on my insurance Geico?
Some states require the car owner's insurance to cover any accidental damage, so if they're not insured or don't have the right coverage, as the driver you may end up being liable.
What happens if a driver is not listed on insurance in California?
If you exclude a driver by name, permissive use no longer applies. If you allow the excluded driver to drive your car, or you negligently allow the driver access to your vehicle, you will have no insurance coverage in the event of an accident. In this case, you and the driver will be held personally liable for damages.
Is the registered owner of a car liable for an accident in California?
California operates under the permissive use law. California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner ...
Can I drive my boyfriend's car if I'm not on his insurance?
While there are exceptions, car insurance generally follows the car and not the driver. Allowing another licensed driver to borrow your vehicle is known as "permissive use," which means you give someone, who isn't listed on your car insurance policy, permission to operate your vehicle.
Who is liable if someone else is driving your car?
Usually, a car insurance policy covers the vehicle itself, not the person driving it, and that means the liability coverage (which is required by California law) should cover the friend. California is an at-fault state, which means the driver responsible for an accident is the one whose insurance will be the primary ...
What if my boyfriend drives my car and has an accident?
If someone else is driving your car and another person causes the crash, the at-fault driver's insurance is usually responsible for covering costs. On the other hand, if your car's driver is at fault, your car insurance will usually cover damages. However, there are some exceptions to this.
How does insurance work when driving someone else's car?
If you're specifically listed on the car owner's insurance policy, you'll be covered when driving that car – even if it's not your own. If you're not on the owner's policy, applicable coverage will again depend on consent.
Can I sue someone who borrowed my car?
If a friend, family member, or someone else borrowed your car without permission and got into an accident, they may be directly liable for the damages.
What happens if someone drives my car and is not on my insurance in New York?
NY Car Insurance Follows the Car
In New York, your car insurance coverage includes coverage for other drivers of your vehicle—following the car rather than the driver. This applies to collision, uninsured motorist protection, comprehensive, personal injury protection (PIP), and property damage liability insurance.
What happens if I let someone borrow my car and they commit a crime?
Even if you were not aware of the criminal intentions of the person you let borrow your vehicle, the prosecution may try to name you as an accomplice. It will be up to you to prove your innocence in this scenario. Loaning someone your vehicle can have serious consequences.
What happens if my friend borrowed my car and gets in an accident?
Contact a Car Accident Attorney in California
In most cases, your friend or family member who borrows your car will be covered by your car insurance if they are in an accident. When another driver is at fault, that person's car insurance should cover the damages caused by the accident.
Am I liable if my name is on a car title?
If the truck is in your name and they get into an accident, you are jointly liable with them for damages caused. If your insurance finds they have no license they will not cover the damages and you would be personally liable.
How does insurance work if you borrow someone's car?
Generally, insurance coverage follows the vehicle rather than the driver. So in most instances, as long as the owner of the car has insurance, it's covered even if someone other than the owner is driving it — as long as they have the owner's permission.
Can my son drive my car if he is not on my insurance?
Usually, yes. Your car insurance coverage should be able to extend to anyone else driving your car. Even if someone isn't listed on the policy, they can operate your vehicle. If you explicitly name someone as an excluded driver in your policy, however, none of this applies to them.
Can my wife drive my car if she's not on my insurance?
Your spouse must be listed on your insurance policy regardless of driving status. Since insurance is all about properly rating risk, companies will require that your spouse be listed on your policy to know who they are and are not covering.
Do I call the other person's insurance if they hit me?
You do likely have to talk to your own insurance company as they will need your account of what happened. There is, however, times when speaking to the other driver's insurance company will benefit you and will depend heavily on the specifics of your case.
Is it okay to let someone borrow your car?
If they have a current license, a clean record, and a valid insurance policy, you may feel more comfortable lending them your car. Consider the circumstances. Is your friend impaired in any way or unfit to drive? If the answer is “yes,” then your answer to them should be a resounding “no.”
What happens if I don't add my teenager to my car insurance?
Failing to add your teenager to your auto insurance can lead to coverage denial, legal penalties and policy cancellation. Lack of driving experience and perceived higher risk contribute to higher car premiums for teen drivers.
Do I have to add a driver to my insurance?
You should add any regular drivers of your car to your insurance policy so that damages from accidents are covered. Also, you can add any drivers that live at your permanent address, and most insurance companies will require it. Some states may allow you to exclude a driver from being covered by the policy.