What Happens if Someone Else Is Driving My Vehicle and Gets in an Auto Accident?
People let family and friends borrow their vehicles all the time. Unfortunately, this friendly gesture can have liability implications in a Maryland car crash. Loaning your vehicle could be an act of reckless abandon. It’s essential that you understand what might happen if the borrower causes a car crash. This post should shed some light on the matter. Since car insurance in Maryland covers specific vehicles, the auto insurance of the vehicle owner will likely have liability if someone borrowed the vehicle and caused a car wreck. Car accident victims may file a claim against the car owner’s insurance. You may pay higher automobile insurance premiums in the future because the car crash is on your insurance record. It’s best not to let others borrow your vehicle.
Understanding Vehicle Owner Liability in Maryland
Vehicle owners are typically responsible for any injuries that an authorized user causes.
Whether your car insurance will pay if a family member or friend causes an auto accident while driving your vehicle depends on whether you permitted them to use your vehicle. In Maryland, most car insurance policies cover motorists you’ve listed on your policy and drivers you’ve allowed to operate your vehicle. This is referred to as permitted use.
On the other hand, if you are injured in a car collision and the at-fault motorist was driving a borrowed vehicle, you may have a claim against the vehicle owner’s automobile insurance. It’s a good idea to have an experienced personal injury car accident attorney review the details of the car crash and explain your rights if you have been injured in a car accident.
Types of Use in Maryland
Understanding the different types of use when it comes to automobile insurance in Maryland is essential for both motorists and vehicle owners. Maryland law distinguishes between various situations where someone else may drive your vehicle, and each scenario can have different implications for your insurance coverage and potential liability.
Permissive Use –
You cannot ensure someone else’s vehicle in your name, but you don’t need to if you’re driving it with the owner’s permission and they have insurance on the car. This is because automobile insurance typically follows the vehicle, not the driver. When you operate someone else’s vehicle with their permission – or they drive yours – it falls under “permissive use” coverage, meaning the vehicle’s auto insurance policy will generally extend to the motorist.
Your insurance policy will typically cover car crash losses caused by people driving your vehicle with your consent. Nevertheless, it’s crucial to understand the limits and exclusions of your auto insurance policy.
Non-Permissive Use –
Non-permissive use occurs when someone drives your vehicle without your permission. That might mean someone uses your Mustang to take on a joy ride, or it might mean that a thief steals your vehicle and crashes it. If someone using your vehicle without your consent causes an auto collision, your insurance might not cover the damages, leaving the unauthorized motorist solely liable. You will not bear liability under such circumstances. The driver might face criminal charges.
Be careful about this because Maryland applies the concept of “implied permissive use.” This might occur if, say, your teenager has easy access to your car or truck keys and has used your vehicle before.
Reasonable Entrustment–
If you entrust the use of your vehicle to someone with no car accidents or speeding tickets, there may be no reason to find you negligent. If the motorist causes a car crash, your insurance policy will generally cover any damages to third parties up to policy limits. If policy limits are insufficient to cover the damages, the motorist’s insurance policy will cover the remainder up to its own policy limits.
Under these circumstances, you probably won’t bear liability, no matter how great the damages are. Nevertheless, your auto insurance company might raise your insurance rates simply because it was your vehicle’s driver who caused the Maryland car accident.
Negligent Entrustment
One way you might face car accident liability in Maryland is through the principle of “negligent entrustment.” You commit negligent entrustment when you loan your vehicle to someone you know (or should know) to be an unsafe or dangerous driver. In such cases, consulting a Baltimore car collision attorney can help you understand your potential liabilities.
In the case of negligent entrustment, your automobile insurance company will probably pay damages up to policy limits. This is not certain; it depends on the terms of your policy. The motorist’s liability insurance will kick in if your coverage limits are insufficient. If that is still insufficient, you might bear personal liability. The injured victim might even sue you. In any case, your insurance premiums will almost certainly rise significantly.
Maryland Laws on Negligent Entrustment
If you have been injured in a car wreck caused by a driver in a borrowed vehicle, it’s essential to review the record of the at-fault driver. Our attorneys and legal team will do that as part of our investigation of the car collision. Did the at-fault motorist have a record of multiple traffic offenses or DUI convictions? Perhaps, the car owner should have never lent the vehicle to the bad driver in the first place. As a car crash victim, you may have grounds to claim that the vehicle owner should have foreseen the risk of lending the car to a dangerous driver.
You may have a right to demand financial compensation from the vehicle owner and their insurance for negligently entrusting their vehicle to the dangerous driver. A car owner may be held financially liable if they willingly lent their vehicle to someone who they should have had reason to believe might cause bodily harm.
If you have been injured by a motorist in a borrowed vehicle, a knowledgeable car crash Maryland attorney at the Law Offices of Larry B. Litt can help you evaluate whether you are entitled to hold the vehicle owner financially liable for the injuries you suffered.
Insurance Coverage When a Driver Is Driving a Borrowed Vehicle
Generally speaking, auto insurance in Maryland follows the specific vehicle, not the driver. So, if you were injured in a car accident caused by someone driving a borrowed car, you could file a personal injury claim against the vehicle owner’s automobile insurance policy. If the motorist was driving the vehicle without permission, the vehicle’s owner’s auto insurance company is likely to dispute its liability for the car collision.
You also may file a bodily injury claim against the at-fault driver’s insurance company, if the driver has auto insurance. Driving without insurance is against the law in Maryland.
Insurance companies are more likely to dispute financial responsibility in a borrowed vehicle car crash. You should seek legal guidance if you have been injured in a car wreck and the at-fault motorist was using a borrowed vehicle.
Steps to Take if a Motorist in a Borrowed Vehicle Injured You in Maryland
If you are injured in a car crash in Maryland, you need to take certain specific steps. First, get the other motorists auto insurance policy number and driver’s license information. If you learn the other driver was driving a borrowed vehicle, you should get the owner’s name and car insurance information. What happens next depends on whether the person who borrowed the vehicle had permission to operate it.
You may file a bodily injury claim with the vehicle owner’s insurance company if the motorist had permission to use the vehicle. Insurance companies may accept a car crash injury claim if someone was operating the vehicle with the owner’s permission. If the driver did not have permission, then the car insurance company is more likely to deny or dispute the claim.
You should contact an attorney at the Law Offices of Larry B. Litt as soon as possible to discuss your claim. An experienced attorney at our law firm can assess the facts of your case and help you pursue just compensation if you have a valid claim. Without an experienced attorney, you will be at the mercy of the insurance companies for your medial expenses, loss wages, pain and suffering and other financial losses.
Find Out How to Protect Your Rights and Your Rates After a Car Crash in Maryland
Car crashes in Maryland with borrowed vehicles are more complicated to resolve without an experienced attorney and knowledgeable legal team. The Law Offices of Larry B. Litt has been helping injured victims in Baltimore for more than 40 years. Our law firm is a client-centered law practice serving injured victims all across the state of Maryland. Our attorneys have the experience to handle your car accident case.
At the Law Offices of Larry B. Litt, we are more than attorneys. We are your allies in the fight for justice. Our team-based approach, combined with our four decades of combined experience, positions us uniquely to handle your personal injury case. With our representation, you can navigate the claims process confidently, knowing that your case is in capable hands.
Remember, your path to rightful compensation begins with a single call to our office. Reach out to the Law Offices of Larry B. Litt at 443-844-1528 today for a free case evaluation. We are here to help you secure the compensation that you deserve. Our legal team is available 24/7/365.