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Hurt in a car accident?

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consultation during the COVID-19 outbreak.

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What Happens if Someone Else Is Driving My Car and Gets in an Accident?

What happens if someone else is driving my car and gets in an accident? The accident attorneys at Do Law Office have all the information you need. Call us today.

Who Is Responsible for an Auto Accident in Georgia?

Determining liability is a crucial step after a car accident. It impacts insurance claims and potential legal consequences. In Georgia, the responsible party for the accident is typically the one at fault. This is determined by the law enforcement officers who respond to the accident scene and the following investigations. 

Car accidents can happen to anyone anytime and often when they least expect them. When such accidents involve someone other than the vehicle’s owner, important questions are raised about liability, insurance coverage, and legal implications.

If you own a car and let someone else drive it, you usually have to pay for any damages if they cause a car crash. But if you didn’t allow the driver to use the car, then you aren’t responsible for any damages. If another driver caused the accident, they are liable for the damages.

This guide looks at what occurs when another person is driving your car and causes an accident. It delves into the intricacies of car insurance, figuring out who’s at fault, and how getting legal help can be helpful in these situations.

What Happens if the Person Driving My Car Is at Fault?

The consequences can be significant if the person driving your vehicle is found to be at fault for the car accident. In Georgia, the car owner’s auto insurance policy is considered the primary coverage in this case. When your insurance hits its limit, the driver’s insurance comes into play as secondary coverage.

Here’s how it works:

Your Own Auto Insurance

Since car insurance applies to the car and not the owner, your auto insurance is the primary source of coverage for an accident caused by another person in your car. So even when you were not personally responsible for the accident, your own insurance company is still liable for the damages your car caused.

If your insurance coverage limits are reached before the full damages are paid, the driver’s insurance becomes responsible for covering the remaining damages.

For example, if you purchased the minimum collision coverage, your limits are $25,000 per person in bodily injury liability coverage, $50,000 per accident and bodily injury liability coverage, and $25,000 per accident and property damage liability coverage. The driver’s insurance pays the rest if the accident caused damages that exceed these amounts combined.

The At-Fault Driver’s Insurance

The at-fault driver’s insurance works as a secondary source of coverage. Their liability coverage should pay for remaining damages, such as property damage and medical expenses. 

Can the Insurance Company Refuse to Pay for the Accident?

Sometimes, insurance companies could attempt to deny coverage for accidents caused by someone other than the driver. Therefore, it’s essential to understand car accident laws and your rights and options if you encounter such a situation. 

Here are a few elements to be aware of regarding whether your insurance covers another driver.

  • Permissive Use: Most car insurance policies allow for “permissive use.” That means if you let someone drive your car, your insurance should cover them as well in an accident.

  • Accident circumstances: Your insurance company may refuse to pay for any damages check if the driver violated the law and caused the accident. For example, if the driver didn’t have a valid driver’s license or committed a DUI.

  • Policy Rules: Carefully read your car insurance policy for any rules about unauthorized or high-risk drivers. If the person driving your car falls into one of these categories, your insurance company might deny coverage.

  • Cooperation and Proof: To avoid insurance denial, cooperate fully with their investigation and be honest about who was driving and what happened in the accident. If the insurance company’s investigation shows that you were dishonest or violated their policies, they may refuse to pay.

Having the support of a skilled car accident attorney can be invaluable after a car crash, especially if you weren’t the one behind the wheel.

What Happens If the Driver Is Not at Fault?

If the person driving your car is not at fault for the accident, the situation becomes somewhat less complicated. In this case, you would be entitled to recover damages your car and the driver sustained, and the at-fault driver’s insurance should be held responsible for covering the damages.

Consulting with an auto accident attorney to discuss your rights and responsibilities may be beneficial.

How Can Do Law Office Help You?

In Georgia, the responsibility for an auto accident involving a driver other than the owner varies depending on the case. Generally, it is based on the determination of fault. If your car’s driver is at fault, your insurance policy primarily covers the damages.

On the other hand, if the driver is not at fault, the other driver’s insurance is responsible for covering the damages. Regardless, insurance companies may attempt to deny coverage, which makes legal assistance essential.

Your car accident lawyer can help with the following:

  1. Case Evaluation: An experienced lawyer can help evaluate your situation and investigate the causes of the accident. If the other driver is responsible for the accident, you are entitled to file a personal injury claim even if you weren’t physically in the car.
  2. Auto insurance company negotiation: Lawyers can negotiate on your behalf with insurance companies. Their goal is to ensure that you receive the compensation you deserve. They understand the tactics insurers may use to minimize payouts and can advocate for your rights.
  3. Litigation support: A car accident lawyer can provide the legal representation you need if your case goes to court. They will assess your car accident symptoms and damages and handle your case. They can gather evidence and argue on your behalf to secure a favorable outcome.
  4. Legal Guidance: Legal professionals can help you every step of the way. They can assist with your insurance claim and any possible legal actions.

Do Law Office Is Here For You

Navigating the complexities of car accidents and insurance claims can be challenging. This is especially true when someone else is driving your car. Legal assistance from a reputable law office like Do Law Office can be invaluable. It can ensure that your rights are protected and that you receive fair compensation.

A law office can help explain your rights, talk to auto insurance companies, and, if needed, represent you in court. Contact the Do Law Office for personalized legal advice today.

Contact Us


4500 Satellite Blvd.
Suite 1160
Duluth, GA 30096


Tel: 678-224-8940
Fax: 678-224-8967

4500 Satellite Blvd Ste 1160

Get the legal advice, counsel, and representation you need