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What Happens When Someone Else Causes An Accident In Your Vehicle?

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Car accidents are very common in the US. If you have been in a car accident, then yours or the opposite party’s insurance policy will cover your damages. It gets tricky when your car has been in an accident, but you were not driving it. Then the question arises whether insurance will cover the damages. Various factors are taken into consideration before an insurance company decides to accept your claims when someone else driving your car caused the accident. Babcock injury lawyers are experienced in car accident cases and will give you guidance about your specific case. However, here is some information about what will happen if someone else causes an accident with your car.

When Will An Insurance Company Cover The Accident?

There are only two circumstances when your insurance company will cover an accident that someone else caused using your car:

When The Driver Is Included In Your Insurance Policy

Your family members, like spouses or children, will be present on your insurance policy, unless you have specifically excluded them. Anyone present in your policy will get the same coverage as you would get when you were driving. Hence, if your spouse or any other person who is present in your insurance causes the accident, your policy will cover the damages caused.

When The Accident Is Caused By The Permissive Driver

A permissive driver is someone whom you gave permission to drive your car. In a situation that the permissive driver caused an accident, your insurance will be considered as the primary insurance, and hence it will cover all the costs. It does not matter whether you were present in the car at the time of the accident or not.

The collision coverage in your policy will take care of the damages to your car, while the liability coverage will cover the damages caused to the other person’s vehicle.

This will be the case even if the permissive driver has an insurance policy of his own. However, if the damages caused to the other party’s vehicle is more than what your insurance policy can cover, then the permissive driver’s insurance policy will be considered as secondary insurance, and their liability coverage will handle the additional cost for the damages. This holds good even if the driver does not have auto insurance. He/she will be financially liable if your insurance policy alone does not cover the damage caused to the other party’s vehicle.

Can My Insurance Company Refuse To Pay For The Damages?

There are certain situations where your insurance company may refuse to pay for the damages. These are:

When It Is A Non-Permissive Driver

Your insurance company has the right to refuse to cover the accident damages if you had not permitted the driver to take your car. If you can prove that you did not permit him/her to take the car, then he/she will become liable for all the damages, and you won’t have to bear the expenses.

When The Driver Is Excluded From The Policy

If you have excluded the driver from your policy, then your insurance will not cover the damages. This holds good even if you had given the individual permission to drive your car.

When The Driver Of The Car Was Under The Influence Of Alcohol Or Drugs

Your insurance will not cover the damages if the driver was either drunk or under the influence of drugs and caused the accident while driving your car.

When The Driver Doesn’t Have A Valid Driver’s License.

The insurance will also not cover damages if the driver did not have a license.

What Happens If My Car Was Stolen At The Time Of The Accident?

You will not be liable for any damage caused to someone else’s vehicle, or any injury caused by the driver if your car was stolen at the time of the accident. Your insurance policy will only cover the damages that have been caused to your car.

What Should I Do If Someone Else Causes An Accident With My Car?

You must act quickly if someone else using your car has caused an accident. You generally have a limited amount of time from the date of the accident to seek damages. Here are somethings that you should do in such a situation:

      Call a Personal Injury Lawyer: This is the first step to take after the accident. Since every accident is different, you will need the help of someone who knows the law in and out to deal with the case. If the person who was driving the car was not at fault, your attorney can prove this and ensure that you get compensation for the damages. He/she will also ensure that the person driving the car is held responsible. He/she will also handle insurance companies if they try to pay out less than what is deserved.

      Understand Your Policy And Coverage: You need to understand the different rules of your insurance policy and know everything that it covers. A personal injury lawyer can help you with this as well.

      Document Everything About The Accident: Call the police immediately after the accident. Not only is this a requirement, but it will also keep a record of the accident for the insurance. If you were in the car at the time of the accident, make notes and take pictures of the scene. If you were not in the car, ensure the driver keeps a record of all these things. If possible, speak to witnesses, if any, and get as much information as possible.

If you live in Louisiana or the neighboring areas and if your car has been in an accident, speak to Babcock Injury Lawyers of Baton Rouge. Our car accident lawyers have years of experience in handling Baton Rouge Car accident cases. Our Baton Rouge personal injury lawyers will ensure you are well-informed of your legal rights and you are well-protected in the car accident case.

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