Just about everybody who owns a vehicle has, at some point, lent their vehicle to a friend or family member who may not have had a car of their own. Although this is not necessarily a bad thing, it can lead to problems if someone else is driving your car and gets in an accident. For those living in Washington, it is essential that you understand who will be held liable when it comes to paying for damages and facing possible license suspension.
At NBF Accident Law, our auto accident attorneys in Washington can help you navigate the complexities around who is liable in a car accident when you aren’t the driver. Our attorneys will work tirelessly to achieve the best possible results, ensuring you feel heard throughout the process and your rights are upheld.
What Happens if Someone Else is Driving My Car and Gets in an Accident?
One of the risks you take when you allow someone else to drive a vehicle in your name is that they may get into an accident. If this happens, you need to understand if the registered owner of the car is liable for an accident or if liability falls on the driver.
Every state has its own laws surrounding this, but Washington is a fault insurance state. Because of this, the driver at fault will be held liable for the damages, even if they are borrowing someone else’s car. However, these types of cases aren’t always as straightforward as this since the owner of the vehicle may also be held liable for damages.
Whether or not any liability falls on you as the owner of the vehicle will depend on each individual case. For instance, things like who was at fault, the type of damage that was done, and the limit and coverage of the owner and driver will be taken into consideration.
Permissive Use and Negligent Entrustment
In Washington many insurance companies have a permissive use clause that provides coverage if someone else drives your vehicle and gets in an accident. For this to apply, you have to have allowed the person to drive your vehicle, they cannot take it without your permission.
Something to keep in mind is that the permissive use clause in insurance policies often has limitations. It may only apply to individuals living in your home, or it only has a certain amount of time you can lend your vehicle, which will be covered. Because of this, it is recommended that you add a friend or family member to your insurance policy if you plan on lending your vehicle to them frequently.
Washington State also has negligent entrustment, which can result in the vehicle owner being held responsible if the driver gets in an accident. Negligent entrustment as when you knowingly allow someone to drive your vehicle who is proven to be a reckless driver. Here are some examples of where negligent entrustment may apply:
- The person does not have a driver’s license.
- The person is too old or disabled to drive.
- The person is underage.
- The person has a record of reckless driving.
- The person is a drug addict or alcoholic.
- The person is clearly intoxicated or otherwise unsafe to drive.
In these instances, the owner of the vehicle may be held liable for the car accident if it can be proven that you were aware that the person was not a suitable driver. However, negligent entrustment cannot stick unless there is significant proof of this, so you should protect yourself by hiring an auto accident attorney. An attorney can protect your rights and help you find proof to show that you did not knowingly let a reckless driver use your car.
Protecting Your Rights in Washington
If someone is driving your car and gets in an accident, who is responsible is determined by things like what caused the accident and how trustworthy the driver was. The good news is that insurance follows the car, not the driver in the state of Washington, which can help to cover damages in this type of situation.
When someone else borrows your car, there is always a risk of them getting into an accident and you being held liable to some extent. To prevent this from happening, here are some tips to help you better protect your rights:
- Be particular: You may have many people asking to borrow your vehicle, but you should be very particular about who you allow in your car. Only let people drive your vehicle that you know are responsible and will not drive in a reckless way. You should also make sure you understand the context when someone wants to borrow your vehicle in case they are intoxicated or otherwise unsafe to drive.
- Understand your policy: Insurance policies can be quite confusing, so you need to read your policy thoroughly to understand what it covers. Doing this will help you better understand the coverage available and whether you have permissive use.
- Hire a car accident attorney: If someone else borrows your vehicle and gets into an accident, one of the first steps you need to take is hiring an attorney. A car accident attorney in Washington will understand the complexities of who is liable for a car accident and can help you file a claim. They can also safeguard your rights to ensure you aren’t held liable for another driver’s actions by having to cover the damages or having your license suspended.
Contact an Auto Accident Attorney at NBF Accident Law
Are you wondering what happens if someone else is driving your car and gets in an accident in Washington? The good news is that you may not be held liable as the owner of the vehicle depending on the circumstances and what caused the accident.
At NBF Accident Law, our car accident lawyers fight purposefully for victims of car accidents and can help you determine who is liable. We will assist you in filing a claim, gathering critical evidence, and negotiating with all of the involved parties.
Contact us today at 206-923-8888 to schedule a consultation with one of our attorneys in Washington.
