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After suffering injuries in a car accident, chances are you will file a claim against the driver who caused the crash. In most cases, this is your pathway to financial compensation. However, not every case is this simple, and there may be special circumstances involved in your car accident.
One such circumstance is when the driver of the car borrowed it from a friend or someone else. Usually, those facts should not change how you seek compensation because the negligent driver is still the liable party, no matter whose car they were driving. Recognize, though, that circumstances may allow you to also hold the car’s owner responsible for the harm you suffered.
Always contact a car accident attorney about your case, even if no special circumstances exist. A car accident lawyer can assess your case to figure out who you should sue and how much you should expect in compensation. They will then deal with the insurance companies of the relevant drivers to seek the full compensation you deserve for your injuries.
If your case has special circumstances, such as a borrowed car, the attorney will address them and determine how these details affect your case and the potential right to additional compensation. If you do not already have a car accident attorney representing you, now is the time to schedule a free initial consultation.
The Driver’s Car Insurance Will Cover Damages if They Were Negligent
Car insurance policies generally follow the driver who pays for them. When a driver purchases car insurance, it will generally cover them, even when they are driving vehicles other than their own. Typically, a driver will rely on their own car insurance policy when renting a car.
However, car insurance coverage does not follow the driver when they are driving a car for commercial purposes. For example, if the driver is transporting passengers for Uber or is on the job at the time of the accident, their personal insurance policy will not cover their damages. If a driver has borrowed a vehicle from someone else, they can rely on their own car insurance to protect them and pay for damages that they have caused, up to the amount of the policy limit.
In most cases, you look first to the driver of the car to pay for damages caused by your accident. Like any other type of car accident case, you should be in a position to receive financial compensation if you can prove that the driver was negligent in the circumstances surrounding your accident.
To demonstrate negligence, you must prove the driver did something unreasonable under the circumstances. You must meet the burden of proof by compiling evidence showing the driver did something wrong to cause the accident. The specific standard you must meet is a preponderance of the evidence, which means it is more likely than not the driver acted negligently. While this is the lowest legal standard, it still requires significant evidence to meet, and you can expect insurance companies to be difficult and challenge your claims.
This is only one reason why a car accident lawyer is so valuable.
The Car’s Owner Can Be Liable for Negligent Entrustment Under Certain Circumstances
There are times when the car’s owner may be liable for the damages that another driver causes when borrowing the vehicle. The owner must make a judgment as to whether another driver is suitable to borrow their vehicle. Otherwise, the car’s owner might be liable for negligent entrustment in a lawsuit.
The most common scenario for negligent entrustment is when a car’s owner lends their vehicle to a driver who they know is drunk. If the owner gave their keys to someone else after knowing the driver was drinking, they can also be responsible for the harm caused. The owner may also be charged with constructive knowledge if they should have known the driver was drinking.
There may also be potential negligent entrustment when the owner lends their vehicle to a driver they know to be dangerous. If the owner knows their friend has a driving record that is littered with reckless driving, street racing, or severe traffic incidents, they should think twice before lending the car. The same goes if the owner knows the driver does not have a license or car insurance policy. A car’s owner must be selective about who they allow to drive their vehicle, or they can face consequences themselves.
How to Win a Negligent Entrustment Lawsuit
To win a negligent entrustment lawsuit, you must prove the following elements:
- The driver who was behind the wheel was not competent to operate a motor vehicle, either because they were drunk or otherwise lacked the capacity to safely drive
- The owner of the car knew or should have known of the driver’s incompetence
- The owner allowed that person to drive their vehicle
- The driver caused you an injury through their own wrongdoing (which can either be negligence or recklessness)
- You suffered some sort of harm, whether it was physical injury or property damage
- The owner did not exercise the necessary level of care when they were deciding whether to lend their car to the driver
Thus, the car’s owner may owe you a duty of care, even though they are not driving it. They take on this duty of care solely because they give someone else the instrument to cause you harm. It should be entirely foreseeable that a driver who is either in no condition to get behind the wheel, or who is already known to be dangerous, can injure someone else.
Negligent entrustment allows you to hold the car’s owner responsible in addition to the driver. Then, you may have two parties who can pay your damages before you might need to rely on your own underinsured motorist coverage.
Your damages are the same as any other car accident case – namely, the economic and non-economic losses you suffered due to your injuries. However, there will be more sources of potential compensation, which is crucial if you have suffered a severe injury in the accident and have extensive damages. This gives you a greater chance of having all your losses covered.
You Need to Learn More About the Factual Circumstances to Prove a Negligent Entrustment Case
You also need to come up with evidence of the circumstances in which the owner lent the car to the driver. You must prove what the owner of the car knew or should have known when they lent the car to the driver, which can present a challenge.
If there was a borrowed car involved in the crash, your car accident lawyer can review your case to determine if there is more investigation warranted into the circumstances of the lending of the vehicle. It may be difficult to learn what the driver knew or should have known, but a car accident lawyer may be in a position to conduct a full investigation.
The Car Owner Can Be Liable for Negligent Maintenance of the Vehicle
The vehicle’s owner might also be liable if they failed to perform maintenance on the car, and that was the cause of the accident. For example, if the driver rear-ended you because the brakes did not work as they should, you can also hold the owner responsible for your injuries. A car’s owner is legally obligated to properly inspect and maintain their car. They cannot ignore mechanical issues and continue to drive the car.
The owner also cannot remain deliberately ignorant when they suspect there might be a problem with the car. They should be liable for a crash caused by poor maintenance, whether they were driving or someone else was.
The Owner Is Not Liable if Someone Took Their Car Without Permission
The owner of the car is not liable if they did not entrust it to their friend. Someone else may have used the car without the permission of the owner. Then, the owner may not be sued because they did not intentionally allow someone else to use the car. However, the situation may be different when the owner gives standing permission to someone else to use their car. In this case, the owner must know the driver was safe and they do not have a history of driving under the influence or operating a car dangerously.
The “Family Car” Doctrine May Come Into Play
Some states have a law known as the “family car doctrine.” This law holds that an owner of the car maintains it for the use of their entire family. If an immediate family member was driving the car at the time of the accident, the family member who owned the car can also be liable for the crash damages. For example, if you are in a state with the family law doctrine, and you were injured by the actions of a teenage driver, the parent who owns the car can also be liable for what happened.
Generally, the order of precedence in a personal injury lawsuit where the owner of the car was also to blame is that you will file a claim against the driver first. Then, you will turn to the owner’s car insurance policy if they also had some fault and the damages were greater than the maximum amount of the driver’s policy. If the driver did not have car insurance, you may turn to the owner’s car insurance coverage to pay for your injuries because they may have some fault for lending their vehicle to someone who was breaking the law.
Hire a Car Accident Attorney for Your Case
While you need a car accident lawyer for any type of claim to get the best possible result, there is even more of a need for an attorney when there is the possibility of filing a claim against a car owner who was not driving the vehicle. Here, you may be dealing with as many as three insurance companies, each with their own financial interests at stake.
One insurance company may try to pass the blame to the other, and you need someone who can hold all parties accountable. When you suffered an injury in a crash that was not your fault, someone else has a legal obligation to pay you, and a car accident attorney will stand up for your legal rights.
A car accident attorney can perform the following duties in your case:
- They will investigate the accident and gather evidence that might be used as proof
- They will learn more about the facts if the driver was in a borrowed car at the time of the accident to determine if you can sue the owner as well
- They will study your situation and estimate how much you should seek in car accident damages
- They will file carefully prepared claims against all of the applicable insurance policies (which can even mean your own if there is not enough insurance coverage to pay for your damages)
- They will negotiate settlement agreements on your behalf, giving you advice on whether to accept offers from insurance adjusters
A Car Accident Lawyer Works on a Contingency Basis
The good news is that you never have to consider your financial situation when looking for a car accident lawyer. The only way that a car accident attorney is paid for their work on your case is when you receive a settlement or jury award. Then, your car accident lawyer receives a percentage that comes directly from the proceeds of your case. If you do not win your case, you do not pay your lawyer, and you never need to give them any money upfront as a condition of their legal representation.
Contacting a personal injury lawyer should be the next thing you do after seeking medical treatment. Because consultations are free, you have nothing to lose by scheduling a meeting to discuss your legal options. In complicated situations like these, it can give you immediate peace of mind to have a professional review what happened and your rights.
