You’re driving down the road in Chicago, minding your own business, when suddenly another car slams into yours. The car you’re driving belongs to your friend, and you’re not sure what to do next. Do you call your friend? Do you call the police? Do you try to drive away? Continue reading below to see what you should do if you are hit while driving someone else’s car.
First, assess the situation. Make sure your vehicle is moved to a safe place and check out the damage to the vehicles. If there is any damage to the vehicles or any injuries, call 911 immediately so that the police can investigate and make a crash report.
Once you’ve done that, exchange contact and insurance information with the other driver.
Next, gather evidence:
- take photos and/or video of the scene and the damage to both cars
- gather contact information from any witnesses to the collision
- observe any cameras nearby that may have captured the collision
You will want to call your friend (or the person whose car you were driving) and let them know what happened. They’ll need to deal with their insurance company, so they must have all the necessary information. For more detailed information on what to do if you are hit while driving someone else’s car in Chicago, read on.
Seek immediate medical attention if you feel any soreness or pain after the accident.
Finally, consult an experienced Chicago car accident attorney. They can help you understand your rights and options, and they will fight on your behalf to get you the compensation you deserve.
Chicago Insurance Laws if You Borrow Someone Else’s Car
In Illinois, your car insurance will apply if you loan your car to someone and they get into an accident. This is because auto liability insurance generally follows the vehicle. Furthermore, you could be held liable for the actions of the driver if the injured party can prove that the driver was acting as your agent while driving.
So, if you give your friend permission to borrow your car and they get into an accident, you and your insurance policy could be the ones who are responsible.
You should check with your insurance company to see who is considered a permissible driver under your policy. Some policies have exclusions of coverage for certain people, generally people living in the household who are not listed on the policy.
If you are struggling to understand your policy or what coverage you have, reach out to a Chicago auto accident lawyer for help.
Who is Liable if the Other Driver Causes a Car Accident?
The general rule is that the driver who causes the accident is liable for the damages. The other driver’s liability insurance will be called on to cover the property damage to your car and the legal damages of anyone who was injured as a result of the accident.
However, the car owner may still see insurance rates increase after the crash. Auto insurance companies often justify this by saying it’s riskier because they lent their car to someone else.
An experienced Chicago car accident lawyer can help you determine if the owner may be held responsible for any damages. An attorney can protect your rights and ensure that you are fairly compensated for your injuries.
Will the Vehicle Owner’s Insurance Policy Cover My Damages?
Driving someone else’s car can be a nerve-wracking experience. Not only are you responsible for taking care of the vehicle, but you’re also responsible for any damage you may cause.
So, what happens if you get into an accident while driving someone else’s car? Will the vehicle owner’s insurance policy cover your damages?
Generally, as long as you have permission to drive the other person’s vehicle, their insurance should cover the accident.
If the damage exceeds their policy limits, you would then file a claim with your insurance company for the remaining damages. But who is authorized to operate another person’s vehicle? Typically, one of three circumstances must exist:
You Are an Immediate Family Member of the Vehicle Owner
Even if you’re not the primary driver on an auto insurance policy, you may still be covered in the event of an accident. That’s because most auto insurance policies automatically cover anyone living in the primary driver’s household.
Of course, it’s always a good idea to check with your insurer. After all, there may be some exceptions to this rule. If you’re unsure whether you’re covered, it’s best to use caution and give your insurer a call.
You Are a Listed Driver on the Vehicle Owner’s Insurance Policy
If you’re not related to the vehicle owner, you may still be covered under their insurance policy if you’re a listed driver. Most insurers will allow policyholders to list other drivers on their policy, such as a spouse, child, or even a close friend.
This is typically done for vehicles that are shared among multiple people. So, if you’re listed as a driver on someone else’s policy, their insurance should cover you in the event of an accident.
You Have Permission from the Vehicle Owner to Drive their Car
Even if you’re not related to the vehicle owner and you’re not listed on their insurance policy, you may still be covered if you have permission to drive their car.
Most auto insurance policies extend coverage to anyone the policyholder has permitted to drive their car. So, if you’re borrowing a friend’s car, their insurance should still cover you in the event of an accident.
If you find yourself in any of these situations, then you should be covered by the vehicle owner’s insurance policy in the event of an accident.
What If I Let a Friend Use My Car When He Shouldn’t Be Behind the Wheel?
If you’ve ever let a friend borrow your car, you know the feeling of trepidation that comes along with it. You trust them, sure. But what if they get pulled over? What if they have an accident? These are valid concerns – after all, it’s your car and your insurance policy on the line.
In most cases, you’re covered by what’s called the permissive use doctrine. This doctrine extends your insurance coverage to anyone with permission to drive your car.
There is one exception to this rule: if you let someone borrow your car who shouldn’t be behind the wheel, you can be held liable for damages from a resulting accident.
This is known as “negligent entrustment” Some examples of negligent entrustment include
- Letting an underage driver in your car
- Lending it to someone who has lost their driver’s license
- Giving an elderly person with dementia your vehicle
If you’re ever unsure whether you should let someone borrow your car, it’s always better to err on the side of caution. After all, it’s better to be safe than sorry.
In any case, if the friend has an accident, the lawyers at Drake & Collopy, P.C. can help. They have decades of experience in personal injury law and will fight for your rights.
Get Legal Help if You’re in a Car Accident While Driving Another Person’s Car
If you are in an accident while driving someone else’s car, it’s essential to know what to do. You may be worried about getting into trouble, but following these steps can help protect you and the other driver.
Always stay calm and remember to take care of yourself first. Next, contact our legal team at Drake & Collopy, P.C. Our experienced personal injury attorneys will help guide you through the process and work to get you the compensation you deserve. Don’t wait – contact us today for a free consultation.