Your relationship to a driver will determine whether your insurance would cover losses if you lend your car out to someone and they are involved in an accident. Was it your friend? Was it a child that lives with you? Or, was it someone who stole your vehicle? This will determine how your claim will go.
Our CT car accident lawyers offer some insight about this topic in the following article. However, if you find yourself in this situation, it's important that you contact Brandon J. Broderick, Attorney at Law, to discuss the accident. Our team can assist you in establishing liability.
Liability Will Depend on the Accident's Details
As mentioned, the details of an accident will determine who is liable and whose insurance will pay for damages. Below are some of the factors that may be considered:
Your Family Member or Friend Drove Your Car With Permission
If you gave permission to either a friend or family member to drive your vehicle, then they will typically be protected by your insurance coverage.
You might not be responsible for damages if you did not consent to someone driving your car, as would be the case in an auto theft.
An Unlicensed or Impaired Driver Drives Your Car
If you allow someone without a license or someone under the influence to drive your car and they cause an accident, you could be held liable for their injuries.
What If Damages Exceed My Insurance Limits?
If the damages exceed your insurance policy's coverage limitations or the driver doesn't have insurance to cover the excess, you could be required to pay with your own money. However, you could rely on your uninsured/underinsured motorist coverage (UM/UIM) policy in this situation.
When you originally purchased your auto insurance, this would be an optional plan that you could have chosen. It can pay for pain and suffering, in addition to medical expenses up to the policy limitations.
Connecticut is a "Fault" State
Yes, that's correct. Connecticut follows the "fault" system, which means the party who caused a collision or accident is liable for damages. This is also referred to as a "tort" state.
Damages that an at-fault driver will be responsible for includes:
- property damage
- medical expenses
- lost wages
- pain and suffering
Due to Connecticut's "fault" state status, a negligent driver is usually liable for losses associated with the accident, including injuries to the victim.
Depending on who is at-fault, your insurance company may or may not have to pay for losses if the driver of your vehicle was not at fault. One thing you should ensure is that you are familiar with the details of your insurance policy, such as the coverage and coverage limits. While not lending your automobile to anyone is the easiest approach to avoid any liability, if you must, use judgment when choosing who is allowed to drive your car.
You Must Establish Negligence
If the other driver is found to have been negligent, you can hold them liable if the losses for being at-fault. However, you would need to demonstrate that the driver was negligent.
Ways to prove negligence:
- A duty of care: In order to ensure the safety of other road users, the other driver was required to obey traffic laws.
- Violation of duty: The other driver violated or breached their obligation to you to drive safely. They might have been intoxicated, tired or distracted while driving.
The driver of your car may provide their version of events, but that is insufficient. There needs to be proof, which can be provided via an official accident report, medical records, photos and video, or witness testimony.
Allow Our Team To Assist You With Your Connecticut Car Accident Case
We are here in your corner when you need us. If you are unsure of who is liable and what needs to be done if a friend crashed your car, our group of Connecticut car accident lawyers can help you make sense of what transpired and choose the best course of action.
At moments like this, you don't need to be concerned. At Brandon J. Broderick, Attorney at Law, we are dedicated to supporting and assisting our clients and pursuing all damages you are entitled to.
Call us today for a free consultation, so we can figure out what to do next.
We represent clients throughout Connecticut, including Bridgeport, Hartford, New Haven, Norwalk, and Stamford, among other cities.