Does an accident follow the driver or the car?

Asked by: Krystal Lakin  |  Last update: February 15, 2025
Score: 4.3/5 (58 votes)

Collision and comprehensive coverage, also referred to as full coverage, follows the insured automobile, not the driver.

Does the car insurance follow the car or the driver?

The Insurance Policy Follows the Car and Not the Driver

Under California law, in most instances, the insurance policy attaches to the car itself. If someone was driving your car, it would be your insurance policy that paid for the damages. However, that does not mean that you should assume that the driver is covered.

Is it the car or the person who is insured?

Even if the car itself has insurance, you must be properly insured to drive it or you could be penalised. For example, if it's not your car, you could either be listed as a named driver by the policyholder or take out temporary car insurance.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

Do you insure the car or the driver in the US?

Generally, auto insurance will follow the vehicle rather than the driver, but some coverage types follow the driver too. The variables that determine if coverage will follow the driver or the vehicle depend on the insurance laws of the state, the policy type, and the coverage within the policy.

Does Insurance follow the Driver or the Vehicle?

26 related questions found

What happens if someone borrows your car and gets in an accident?

Vehicle Owners Are Liable Under California Law

This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner. Liability is determined by identifying the actual owner of the vehicle.

Can my wife drive my car if she's not on my insurance?

A driver who lives in your household and isn't listed on your auto policy may be denied coverage if they borrow your vehicle and are involved in an accident. Family members who live in your household and drive your vehicle, including a teenager or your significant other, should be listed as drivers on your policy.

Should I file an insurance claim if I am not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Does your insurance go up if someone hits you?

If you are involved in an accident and file a claim, even if it was not your fault, your insurance company may see you as a higher risk to insure and increase your rates. Consider speaking with a licensed insurance agent to see how much insurance could increase after an accident where you're not at fault.

Who gets the insurance check when a car is totaled?

If you own the car outright, you will receive the check. If not, the check goes to the leasing company or the lender, otherwise known as the lien holder. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.

Does the owner of the car need to be on insurance?

Does your car insurance and registration have to be under the same name? Most U.S. states allow residents to register and insure their vehicles under different names. This is because the car's owner can be an approved driver on the policy rather than the primary policyholder.

What happens if someone else is driving my car and gets in an accident in the UK?

In most cases, your car insurance extends to whoever you let drive your car. If someone else is driving your car and there is a car accident, responsibility and liability will depend on who caused the accident and the person driving your car. It will also depend on the terms of your auto insurance policy.

Does it matter who the primary driver is on insurance?

Insurance companies use their driving record, age, location, and other factors to calculate premiums and coverage. So the primary driver can affect insurance rates.

What happens if I let someone drive my car and they get in an accident?

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 ...

Can I drive my boyfriend's car if I'm not on his insurance?

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 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.

How does car insurance work if someone hits you?

Collision coverage typically helps pay to repair or replace your vehicle if it's hit by another vehicle (or if you hit another vehicle or object), regardless of who is at fault. Even if you cannot find the other driver, you may be able to file a claim under your own auto insurance policy's collision coverage.

Why does insurance go up when it's not your fault?

If your driving record is laden with traffic violations or accidents, you might see an increase in your insurance rates after a no-fault claim, as insurance providers perceive drivers with a history of accidents or violations as high-risk and impose higher rates to mitigate the associated risk.

Should I go through my insurance or the person who hit me?

If your vehicle received minor damage, it might be worth filing a collision claim with your insurance if the damage costs more than your deductible. If the other driver caused the accident, then you could file a claim with their insurance company instead.

How does insurance work if it's not your fault?

You will file a claim with your auto insurance for damage to your vehicle, medical bills, property damage, and, potentially, lost wages due to injury. The car insurer collects money from the at-fault driver's coverage. Your claims might be limited by the other driver's coverage limits and the state where you live.

When someone hits you, do you call your insurance or theirs?

You should call both, regardless of who you think is at fault. If it turns out the other driver is at fault, their insurance will pay, but it's helpful to have your insurance company involved.

Will my insurance go up if I don't make a claim?

Will my car insurance go up after an accident? Unfortunately, the simple answer to this is yes. Whether the accident was your fault or not, making a claim will usually lead to an increase in your car insurance premium the next year and you could see an increase even if you don't make a claim.

Can you let someone who is not on your insurance drive your car?

Permissive use

Most car insurance policies will cover drivers you've listed on the policy, or anyone whom you give permission to drive your car, says Nolo.com. This means your insurance will likely cover another driver in the event of an accident, if they had your permission to drive your vehicle.

What happens if a driver is not listed on an insurance policy?

You regularly allow a family member or friend to drive your car, but they aren't named on your auto policy. If this person gets in an accident while driving your car, your insurance company will likely deny your claim, leaving you liable for the damages.

How does insurance work if you borrow a 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.