In most car accidents, drivers are using their own cars, which simplifies issues of liability and insurance claims. However, sometimes, someone else might drive your car and get into an accident.
It is legal to lend your car to another person to drive it, as long as they are fit to drive, and your insurance company should generally recognize that you can legally transfer your covered vehicle to someone else to drive it, with limited exceptions.
So how does liability work for such an accident? Read on for more information from the car accident attorneys at Walton Telken Injury Attorneys.
Understanding Liability and Insurance Coverage
In Illinois, the owner of the vehicle is typically held liable for the actions of the person driving their car. This principle is based on the legal doctrine of “vicarious liability,” which holds that vehicle owners are responsible for accidents caused by their authorized drivers.
However, liability can be argued based on the situation, including:
- Permission. If the driver had your explicit or implicit permission to use the car, you would generally be held responsible for the damages resulting from the accident.
- Unauthorized use. If the driver used your car without permission or exceeded the scope of permission, such as using the car for a purpose you didn’t authorize, you might not be held liable.
If the person driving your car gets into an accident, their insurance might not cover all damages if the driver was uninsured or underinsured. In such cases, your own coverage might come into play to pay for damages. If you have comprehensive or collision coverage, it might cover the damage to your vehicle.
Additionally, if you have a policy with liability coverage, it may also help in paying for damages and injuries caused to others. Illinois law (625 ILCS 5/7-601) requires all drivers to carry auto insurance as follows:
- For injury/death, $25,000 per person per incident
- For injury/death, $50,000 per accident
- For damage to property, $20,000 per accident
- Uninsured motorist coverage that satisfies the minimum requirements mentioned above.
However, be aware of potential exclusions in your insurance policy. Some policies have provisions that limit coverage if someone else is driving the vehicle.
What to Do After the Accident
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.
Contact an Edwardsville Car Accident Attorney Today
Determining liability in car accidents can be more complicated than many people think. If you suffered injuries, never hesitate to seek representation from an Edwardsville car accident lawyer from Walton Telken Injury Attorneys. Please contact our firm for a free case evaluation.
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We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.
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.
