Life is full of surprises, and sometimes, that means lending your car to a friend, family member, or coworker. But what happens if they get into an accident while behind the wheel of your vehicle? Whether it’s a minor fender bender or a more severe collision, how liability and insurance work is key. At Walton Telken, we assist Edwardsville residents in managing the complexities of car collision liability and insurance claims so they can focus on getting the help they need. Here’s a breakdown of how Illinois law applies when someone else is driving your car and gets into an incident.
Illinois Insurance Laws for Drivers
What Happens if Someone Else Is Driving My Car and Gets in an Accident in Illinois? In the state, auto insurance follows the car, not the driver. This means that the vehicle owner’s coverage is generally the first line of defense when a crash occurs, even if someone else was driving. By law, every driver must carry a minimum amount of liability coverage, which includes:
- $25,000 for injury or death of one person in an accident.
- $50,000 for injury or death of more than one person.
- $20,000 for property damage.
These minimums may not be enough to cover all the damages in a serious incident. That’s why it’s essential to understand how your own policy operates and what your liability might be when another person is driving your car.
What to Do After Someone Else Got An Accident With Your Car?
The first and most important thing following any car accident is to collect all relevant information from the accident scene. This includes the other party’s insurance details, contact information, and any police reports.
Second, inform your insurance provider about the accident as soon as possible. They can guide you through the claims process and determine coverage.
Remember to keep detailed records of all communications, medical reports, and any repairs needed for your vehicle. This documentation will be very useful when filing insurance claims and potential legal actions.
Whose Insurance Covers a Vehicle?
When someone else gets into an accident while driving your car, your insurance typically serves as the primary coverage. This means your policy will handle the damages, injuries, or other claims up to your coverage limits. If the driver has their own, it may act as a secondary or excess coverage, stepping in if the damages exceed your policy’s limits.
Here’s how the process generally works:
- Your Policy Pays First: Your auto insurance will cover the costs up to your policy limits, including liability for injuries, property damage, and other related claims.
- The Driver’s Policy May Help: If the driver has their own and the costs exceed your coverage, their insurance may contribute to the additional damages.
Nonetheless, not all situations are this straightforward. For instance, if the other person was excluded from your insurance policy, the provider may deny coverage altogether, leaving you responsible for the damages.
What If the Damages Exceed the Policy Limits?
In cases where the cost of the accident exceeds the limits, you could face significant out-of-pocket expenses. For example, if the incident causes $100,000 in medical expenses and your insurance only covers up to $50,000, you could be left paying the remaining $50,000. If the driver has their own, their liability coverage could help cover the difference, but this isn’t always guaranteed.
To minimize your risk in these scenarios, it’s a good idea to carry a higher limit than the state minimum. Umbrella assurance policies can also offer additional protection against extreme damages.
When Am I Covered by the Owner’s Insurance in Edwardsville?
If you’re the one borrowing someone else’s car and you get into an accident, the car owner’s insurance will generally cover the damages first, provided that you had their permission to drive the vehicle. This includes both liability and property damage coverage. But, if the owner’s policy limits are exceeded, your own coverage may come into play.
It’s important to note that some policies may not automatically cover all drivers. To illustrate, the car owner could have specific exclusions in their policy for certain individuals. Before borrowing a vehicle, it’s always a good idea to verify that their insurance will extend coverage to you in case of a misfortune.
Can an Employer Be Held Responsible If I Was Driving a Work Vehicle?
If you were involved in a collision while driving a company vehicle, the organization’s insurance would generally be responsible for covering the damages. Under Illinois law, businesses are typically liable for accidents caused by their employees during work-related activities. This concept, known as vicarious liability, means that the employer can be held accountable for a worker’s actions if they occur within the scope of their job responsibilities.
However, the situation becomes more complicated if you were using the company car for personal reasons during the incident. In such cases, your employer’s insurance may deny coverage, meaning you would need to rely on your personal auto insurance or potentially pay for damages out of your pocket.
Protecting Yourself After an Accident in Edwardsville
Whether you were driving someone else’s vehicle or another person was behind the wheel of your car, knowing how insurance operates is crucial for your protection. At Walton Telken, we have the expertise to assist Edwardsville residents in navigating liability and coverage claims. If you’re dealing with a dispute or need support following an accident, contact us today for a free consultation.
With over 150 years of combined legal experience, we passionately fight for victims’ rights and strive to achieve the best possible outcomes for our clients. Troy E. Walton and Stephen J. Telken understand the immense challenges faced after an injury, and we’re committed to helping you recover the maximum monetary damages for your physical, financial, and emotional losses. rial practice is in our DNA, and we’re unafraid to
aggressively advocate on your behalf to ensure you receive the compensation you
deserve.
