Who Pays If They Aren't Driving Their Own Car in a Crash?

You asked to borrow a friend's car for a weekend away, because yours is getting older and you didn't want to have any malfunctions on the road. While you didn't have any malfunctions, you couldn't have predicted that you were going to be involved in a collision.

When the Other Driver Says You Are at Fault

You know that you're not at fault, but after determining what happened, the other driver wants to see you at fault. It turns out she's driving her parents' vehicle, so you think she's just trying to get out of trouble. What should you do?

Don't take it easy on the other driver just because she's young or made a mistake. People have to be held responsible for their errors. Drivers who are borrowing another person's vehicle on a different insurance policy may find that it's not them who pays; instead, the person who owns the car might be liable for the crash. Do you want to have your friend held liable for a crash that wasn't even your fault? The answer is most likely, "no."

Pursuing a Claim

In your case, the driver is making allegations that you're at fault, but the evidence doesn't support her case. As such, it's important to pursue your claim from her insurance provider. The police determine who is at fault, and you should allow them to do their job. Get a copy of the police report to submit with the insurance claim, so you can make sure your friend's vehicle gets repaired and that you are covered for any injuries you've suffered in the collision. You'll want to have duplicate copies of information for your friend's records.

Source: FindLaw, "Borrowed Car Accidents: Who Pays?," accessed Sep. 28, 2017

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