When you can’t use your car and don’t want to use Uber everywhere, borrowing someone’s car is a convenient and cost-effective solution. However, driving someone else’s car comes with its risks.
Let’s say you borrowed your friend or family member’s car for a quick errand. However, you get involved in a fender bender and share part of the fault for the accident. Whose insurance policy kicks in – your friend’s or yours?
Accidents while driving a friend’s car
In California, auto insurance generally follows the car. If you were driving your friend’s car, then your friend’s auto insurance coverage kicks in as your primary coverage for the accident.
Take note that California follows the “permissive use” doctrine. This means that as long as you have your friend’s express permission to drive their vehicle, you are safe and covered under the owner’s policy.
If the damages exceed the limits of your friend’s policy, then your auto insurance coverage can potentially come into play as the secondary coverage.
When insurers might deny you coverage
Below are examples of situations where your friend or family member’s auto insurance company may deny you coverage:
- Unauthorized use: If you didn’t receive the owner’s permission to drive the car, the insurance likely won’t cover the accident.
- Excluded driver: If your friend or family member explicitly listed you as an excluded driver on the policy, the insurer will likely deny you coverage. This applies even if you have permission to use the car.
- Unlicensed driver: Insurance companies generally require drivers to have a license. If you don’t have one, they may not cover the accident.
- Commercial use: Using the car for business purposes not disclosed in the policy could lead to coverage denial.
- Resident Relative: Many insurance policies contain coverage exclusions for resident relatives who are not specifically listed on the policy.
- Illegal or criminal activity: Take note that any illegal or unlawful act gives insurers a reason not to cover you. This includes speeding and driving under the influence.
Stay informed and seek professional guidance
Before you drive a friend’s car, make sure you’re both on the same page when it comes to insurance coverage. If you get into an accident while driving another person’s car, an experienced attorney may help you understand your options and guide you on the next steps.
