Who’s Responsible for an Accident If the Driver Borrowed the Car? A Georgia Car Accident Losses Lawyer Answers

Consulting a Georgia car accident losses lawyer is important after any serious accident, especially if the negligent driver was using someone else’s car. When a borrowed vehicle ends up in a collision, proving liability may be extra complicated.

Who’s responsible for your losses: the driver, the car’s owner, or both? An experienced car accident compensation attorney in Georgia can help you figure this out.

Did the Driver Use the Car With Permission?

Let’s say driver A hits your car because of some negligent action, like failing to yield the right of way. Then it turns out the car belongs to their friend, driver B. Who should pay for your medical expenses, missed days at work, car repairs, and other costs?

In Georgia, car insurance covers the car, not the driver. By borrowing driver B’s car, driver A also borrowed their insurance policy. Therefore, driver B’s insurance should cover your eligible losses. 

On the other hand, if the vehicle owner can prove the driver who hit you seized control of the vehicle without permission, liability will likely fall on the driver and not the owner. If you’re unsure who should compensate you, talk to a car crash settlement attorney in Georgia.

Primary and Secondary Coverage 

Georgia drivers must carry at least $25,000 in bodily liability insurance per person or $50,000 per accident, plus $25,000 in property damage coverage. The expenses may quickly surpass a minimal insurance policy limit in serious accidents leading to catastrophic injuries.

If the car owner lets another driver borrow their vehicle, and that driver hits your car, you’ll first file a claim against the owner’s policy. However, if their policy falls short of covering your losses, you could also seek secondary coverage through the negligent driver’s insurance. If both drivers are uninsured or underinsured, your Uninsured/Underinsured Motorist (UM/UIM) coverage could step in. 

Negligent Entrustment

Anyone can make a mistake and cause an accident. However, a car owner shouldn’t knowingly let an unsafe or incompetent driver borrow their vehicle.

For example, suppose the driver who hit you has a history of driving under the influence, a record of prior accidents, or physical or mental impairments that prevent them from driving safely. If the car owner knew that but still let the driver borrow their car, you could file a negligent entrustment claim against the owner in addition to the car accident claim. 

Negligent entrustment can be tricky to prove. An experienced Georgia car accident losses lawyer will let you know whether this applies to your claim.

What If the Insurance Company Refuses To Pay?

In some situations, the car owner’s insurance company may refuse to pay for your losses. This can happen, for instance, if the auto insurance policy won’t cover excluded drivers. The insurance company may also try to pin the blame on you. In Georgia, you can only claim compensation if you’re less than 50% at fault for the crash.

A Georgia car wreck damages attorney can protect you against bad-faith tactics by insurance companies. It’s better to outsource any communication with insurers to an experienced motor vehicle accident losses lawyer in Georgia.

Our Vehicle Collision Damages Lawyers Can Explain Who’s Liable for Your Losses

Are you unsure who’s supposed to cover your losses after an accident? Dealing with insurance companies who are trying to dodge responsibility? Call our Georgia auto accident injury lawyers today. The Foster Firm can help you establish liability and navigate the claim process. Call 678-246-5879 or contact us online to consult a Georgia car accident losses lawyer.