Car accidents are a daily occurrence – but what happens if the driver who caused your crash was using a borrowed vehicle? Do they get to escape liability for the accident?
Not exactly, but the claim can get complicated. A lot depends upon the situation. Here are the basics that have to be considered.
Did the driver have permission to use the vehicle?
Generally speaking, the insurance on a car follows the vehicle, regardless of who is behind the wheel. However, there are some exceptions to that rule. If the driver didn’t have the owner’s permission to use the vehicle, then the driver may be the only person who is liable for your losses.
That can be problematic if the driver lacks any insurance of their own. In those cases, you may have to turn to your own insurance and rely on your uninsured or underinsured motorist (UM or UIM) coverage instead to cover your bills. Since this coverage is optional in Louisiana, you may or may not have what you need to pay for your medical bills, lost wages and property losses.
Even in cases where the driver of the borrowed car had permission to use the vehicle, you could run into problems if the accident is serious and your injuries are severe. If your losses exceed the limits of the insurance policy held by the vehicle’s owner, you may have to seek additional compensation through the driver’s policy (assuming they have one).
Car accident claims involving borrowed vehicles can get very complicated very fast. Since insurance companies can be reluctant to take responsibility for an errant driver, it often helps to have legal guidance from the start.