What Happens if Someone Else Driving My Car Has an Accident in Virginia?

What happens if someone else driving my car has an accident in Virginia? In Virginia, auto insurance typically covers the vehicle, not the driver, so a legal driver driving your car with permission is generally covered.

If your vehicle has been in an accident, a car accident lawyer in Richmond may be able to help.

Car Insurance Typically Follows the Vehicle in Virginia

In Virginia, car insurance generally follows the car and anyone who drives it. In the event of an accident, the car owner’s insurance is usually the primary coverage. This means that if someone else is driving your car in an accident in Virginia, your insurance is generally used first.

This remains true even if you are not in the vehicle at the time of the crash. As long as the other driver is licensed and you have given them permission to drive your car, they are generally still covered, and your insurance would be responsible for damages.

This assumes the driver of your vehicle is at fault. If the other driver was responsible for the accident, their insurance would cover the damages incurred. If you or the driver of your vehicle has been in an accident, working with a personal injury lawyer in Richmond can help protect your rights.

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Permissive Use Determines Whether Coverage Applies

When determining if your insurance coverage applies if someone else is driving your car and has an accident in Virginia, it often depends on whether the driver had permission to use your vehicle. The types of permission may include:

Express permission; you directly allowed them
Implied permission: a reasonable assumption that they could use it
No permission; unauthorized use

If the driver had permission, your insurance would likely apply. If not, coverage may become more complicated.

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The Driver’s Insurance May Act as Secondary Coverage

In some instances, the cost of an accident may be more than your insurance policy covers. In this instance, the other driver’s insurance may act as a supplement to help prevent litigation against you in the event of a serious crash.

This generally applies only in very serious cases, and typically, either your insurance or the other driver’s insurance, if they are responsible, would serve as the primary coverage if someone else is driving your car and has an accident in Virginia.

Even if you were not driving, you may face consequences such as increased insurance premiums or being named in a lawsuit. This is why it is so important to be cognizant of who you lend your vehicle to and to ensure you have proper vehicle coverage.

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Virginia’s At-Fault System Determines Who Pays

Virginia is an at-fault state rather than a no-fault state. This means the driver responsible for the accident is the one who pays. As a result, there is a minimum liability coverage that drivers must carry.

Per VA Code § 46.2-472, drivers must carry a minimum of $50,000 for bodily injury/death of one person, $100,000 for bodily injury/death of two or more people, and $25,000 for property damage per accident (50/100/25).

When it comes to determining who is financially responsible for an accident, regardless of whether the driver was the owner of the vehicle, proving fault is essential. Working with an attorney may give you additional confidence knowing that you have a professional working on your behalf.

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Contributory Negligence Can Affect Injury Claims

Virginia uses a strict contributory negligence rule. This means that if you are found to be even 1% at fault, you are generally barred from recovering any sort of damages from the other party or their insurance.

This statute can help protect you if someone else driving your car has an accident in Virginia, as it means that if the other driver is found to have any responsibility in the accident, you and your insurance company may not be financially responsible for damages incurred.

Working with an attorney can help you protect your rights, along with helping to determine and prove liability, especially if you were not driving. Proper representation can help ensure that you receive compensation that you are owed and are not paying for things you aren’t responsible for.

There Are Situations Where Coverage May Be Denied

There are times when your insurance coverage may deny a claim if someone else is driving your car and is in an accident in Virginia. These situations may include:

An unauthorized driver was driving, i.e., the vehicle was stolen
A household member who was not listed on your policy was driving
An illegal activity, such as driving under the influence, occurred
Other policy exclusions, such as using the vehicle as a rideshare

It is important to fully understand your policy and what it allows before lending your car to someone, even if you believe they are a safe, responsible driver. If an accident occurs, you may be financially liable if you did not abide by your policy.

Steps to Take After Someone Else Crashes Your Car

If someone else driving your car gets in an accident in Virginia, there are important steps to take to help protect yourself legally and ensure that you get the proper payment from either your insurance or the other driver’s insurance if they are at fault. Those steps may include:

Reporting the accident to your insurance company
Gathering information about both drivers and the incident
Taking pictures of the scene or asking the driver to take pictures if you are not present
Documenting damages to the vehicle and injuries
Consulting a lawyer experienced in car accidents

Taking the right steps early can protect your legal and financial interests regardless of who was driving your car at the time of the accident. Collecting as much evidence as possible can help bolster your case, especially if you weren’t there to witness the event.

The Pendleton Law Team Is Here to Fight For You

If your vehicle has been in an accident, it can be extremely disruptive to your life. Even if you weren’t driving, there can be consequences, such as spending time dealing with insurance adjusters, potential lawsuits, and even injuries to the parties involved.

The Pendleton Law Team has your back in these accidents. Schedule your free consultation today to see how we can help.

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