- September 10, 2024
- Tucker Law
- Car Accident Lawsuits
If somebody lends you their car, that is a big responsibility. You should try to return the car to them in the same state you received it, preferably with a full tank of gas to thank them for their generosity. But what do you do if the worst-case scenario happens and you get into a car accident while driving someone else’s car?
Besides working out a truly epic apology, you should report the car accident to the owner of the vehicle as soon as possible. They need to be involved in the insurance and repair process, at a minimum. The sooner you advise them of the situation, the sooner they can act. But that doesn’t get you off the hook. You should be prepared to also be an active participant in the claims process.
Will My Insurance Be Involved?
If everything goes well, your insurance will not be involved in the claims process. However, it’s rare that everything goes well. It can be complicated to determine exactly what insurance policies cover when it comes to a car accident involving a borrowed car. The best move is to hire an experienced car accident lawyer from Tucker Lawyers. Our legal team will unravel the red tape and figure out how the law applies in your case.
Typically, the insurance company will ask some specific questions. The first is whether you are a regular driver of the vehicle. If you are a regular driver, then you should be listed as a regular driver on the insurance policy, and the car owner should be paying for you to be covered by the policy.
This creates the easiest situation; if you are listed on the policy, you are effectively treated as the owner of the vehicle by the insurance company. You should easily be able to file a claim and the process should run smoothly. However, if you are a regular driver and not listed on the policy, the insurance company will likely deny your claim.
But what if you aren’t a regular driver? This is a situation where the insurance company for the car owner shouldn’t give you any trouble. It should pay compensation as if the owner had been driving the vehicle. Unfortunately, some insurance companies may try to claim that you were an undeclared regular driver. This is another reason you should contact Tucker Lawyers immediately after a car accident. It is better to get ahead of this type of accusation than to try to respond to it.
We can take steps to prevent the insurance company from denying your claim for this spurious reason. It will make getting compensation much less frustrating than if you have to appeal a denial.
Were you injured while driving a vehicle that belonged to someone else? That can create a legal quagmire that isn’t fun for anyone involved. Contact Tucker Lawyers at (516) 399-2364 as soon as possible to protect yourself and the car owner.
How to File a Claim Against the Driver Who Hit Your Borrowed Car
New York is a no-fault state. That means you typically won’t file a claim against another driver. Instead, you will file a claim with the insurance company of the owner of the car. However, just because the car owner’s insurance company typically covers compensation for injuries or car damage, that doesn’t mean that is the limit of your ability to receive compensation. If you are injured seriously enough, you may have the right to file a lawsuit against the driver of the other vehicle.
To file a lawsuit against another party, you must have suffered an injury that meets a certain threshold. Injuries that meet this threshold involve:
- Permanent disfigurement
- Permanent disability
- Bone fractures
- Full disability for at least 90 days
- Permanent loss of a bodily function
- Death.
If you meet the threshold, you can pursue damages beyond what your personal injury protection policy covers, and you can pursue damages for pain and suffering.
If you were seriously injured in a car accident, a lawyer can help you determine whether you have the right to pursue damages with a lawsuit.
What if the Other Driver Is Uninsured?
New York requires every driver to purchase a minimum level of insurance. One of the required types of insurance is uninsured motorist coverage. This protects you when another driver violates the insurance requirements or you are struck in a hit-and-run accident. Assuming the person you borrowed the car from has legally mandated insurance, you will be covered even if the other driver doesn’t have insurance to cover you.
Be Prepared to Pay Some Expenses
While the insurance of the person you borrowed the car from should cover the majority of expenses, some costs won’t be covered. For example, nearly every collision policy has a deductible. You should be prepared to pay that deductible even if the accident wasn’t your fault. The owner of the car certainly shouldn’t be on the hook for it.
Similarly, wage compensation isn’t 100% of lost wages. You will receive only 80% of your lost wages. Finally, if you were at fault in the accident, the insurance company of the car owner will likely increase the premiums. You should probably pay the difference until that increase goes away in a few years.
Whether you are legally required to cover some of these costs is unclear. But morally, you should step up, especially if the car owner is a friend or family member. You might also be legally required to pay them, but that can only be hashed out in a lawsuit. The last thing you want is for a friend or family member to have to sue you to get compensation for their costs.
Contact Tucker Lawyers After a Car Accident in a Borrowed Vehicle
If you were involved in a NYC car accident while driving someone else’s car, you should contact our law firm right away. That phone call could save you lots of money and heartache.
Don’t wait to speak to a lawyer. Call Tucker Lawyers today at (516) 399-2364 to schedule a free consultation with an experienced attorney.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]