If someone borrows your car and gets into an accident, it is important to understand how Georgia law works regarding liability. A Duluth car accident lawyer can investigate the circumstances surrounding the accident that happened in your vehicle and determine who is liable for the resulting damages. Our team at Barrios Virguez can help you understand what role you play in an accident involving your borrowed car.
Georgia Insurance Requirements
According to the Georgia Department of Public Health (DPH), motor vehicle accidents were the second leading cause of fatalities and hospitalizations in Georgia in 2020. As such, the state requires all drivers to obtain liability insurance that meets minimum policy limits. The minimum policy limits required in Georgia are $25,000 per person and $50,000 per incident for bodily injury liability and $25,000 per incident for property damage liability.
There are also rules of liability to consider. In Georgia, auto insurance coverage typically follows your car and not just its driver. In other words, the state’s normal rules of liability usually apply to a car accident regardless of who was driving. Georgia is a fault state, meaning that the person at fault for an accident is responsible for paying the resulting damages and injuries.
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How Insurance Policies Affect Liability in an Accident in a Borrowed Car
Most insurance policies cover damage caused in an accident even if you let someone else borrow your car. This is known as permissive use. What is paid out after an accident and by whom can vary, depending on the specific language in your policy and the driver’s policy. It’s also important to examine whether they also have insurance and the specific circumstances of the accident.
If the person who was driving your car was not liable for the accident, the at-fault party’s insurance is responsible for paying for the damages. However, if the person who was driving your car was to blame for the accident, your insurance will typically cover the damages, with some exceptions.
Your auto insurance will be the primary source of compensation if the person you let borrow your vehicle was at fault for the accident. However, if they have their own auto insurance, their policy may act as a secondary source of compensation after an accident. Damages that exceed your policy limits may be covered by the driver’s insurance coverage.
When You May Be Liable for Your Borrowed Car Involved in an Accident
As mentioned above, there are certain exceptions regarding when your insurance policy will cover damages caused by someone else driving your vehicle. There are several considerations made when determining liability after an accident. These considerations include the following:
- Did you give the person driving your vehicle permission to do so?
- Did you know about the driver’s history of reckless driving or substance abuse and let them borrow your car anyway?
- Was the person driving your vehicle an excluded driver in your household?
These are common questions the insurance company will ask when determining whether it will pay for the damages from an accident caused by a person driving your vehicle. The answers may determine whether you will be liable for the injuries and other losses obtained in the accident. Consult with a car accident attorney in Duluth for clarification about liability after an accident involving someone you let borrow your vehicle.
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Understanding the Family Purpose Doctrine
Georgia’s Family Purpose Doctrine allows parties injured in an accident to receive compensation from the vehicle’s owner if their family member was driving the vehicle for a family purpose. In other words, you may be liable for an accident if it was caused by your child or other family member who lives in your household.
To be held liable for an accident caused by someone in your household, the following requirements must typically be met:
- You own the vehicle or have control over it.
- You loaned or made the vehicle available for the family’s use for pleasure, comfort, or convenience purposes.
- The person driving your vehicle is a member of your immediate household.
- You gave the driver permission to drive your vehicle.
- The driver’s negligence caused the accident.
If these requirements are met, you can potentially be held liable for injuries or damages caused in an accident. As discussed, liability can be dependent on your living situation, insurance terms, and vehicle use. If you have questions about whether you can be held liable for an accident wherein someone borrowed your vehicle, a Duluth car accident attorney can answer your questions and provide you with guidance on what actions you need to take.
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What to Do After Someone Borrows Your Car and Gets in an Accident
It is important that you protect yourself if someone you let borrow your vehicle gets into an accident, regardless of who was liable. There are certain steps you should take after loaning your vehicle to someone who then gets in an accident. Those steps include the following:
- Call law enforcement and request a police report.
- Have the driver take photos of the accident scene.
- Have the driver get contact information for anyone who may have witnessed the accident.
- Take photos of the damage to your vehicle.
- Review your insurance policy.
- Notify your insurance carrier of the accident, but do not admit fault or provide any written statements.
- Contact a car accident lawyer in Duluth as soon as possible.
These steps should be taken whether the person you let borrow your vehicle was at fault or not. It is important to protect yourself if they were at fault, and it is wise to seek compensation for damages sustained in the accident if they were not at fault. Our personal injury attorneys at Barrios Virguez can help you protect your rights and obtain any damages you deserve.
Get Help from a Car Accident Lawyer in Duluth
Understanding liability after someone borrows your car and gets in an accident can be difficult and complex. Contact a Duluth car accident attorney at Barrios Virguez today for a free consultation to discuss liability for the accident that occurred while someone else was borrowing your vehicle. We can protect you if you can be held liable, and we can fight for compensation if another person’s negligence caused you damage.
Call or text 678-888-2222 or complete a Free Case Evaluation form
