COVID-19 Notice: We are providing FREE consultations via phone or video conferencing for your safety and convenience. Free Case Review

Article: What If The Driver Of The Other Car Doesn’t Own It?, Car Accidents

What If The Driver Of The Other Car Doesn’t Own It?

Getting into a car accident can cause severe physical as well as mental trauma. However, getting compensation can be complicated if the person who hit you doesn’t own the car that was involved in the collision. The good news is that you are still entitled to compensation if negligence played a role in the accident. What can you do in the event that the other driver doesn’t own the car that collided with your vehicle?

The Insurance Policy Goes With the Car Not the Driver

If the owner of the car had a valid insurance policy, it will pay some or all of the damages caused in the crash. This is because the policy covers the vehicle regardless of who is driving it. However, this does assume that the person driving it had permission to do so. If not, the insurance company may claim that it has no reason to pay out damages or try to stall by offering a subpar settlement.

What If the Car Was Stolen?

In the event that the car was stolen, the owner of the car is not responsible for what happened to you. In such a scenario, the driver would be required to pay any and all damages caused in the crash assuming that it was caused by the driver’s negligence. You or your attorney may attempt to sue to either get a cash award or to liquidate any property that he or she may own. Another option may be to put a lien on that person’s bank account or any future money or assets that he or she may acquire until damages are paid.

The Rules are Hazy When a Car Is Taken Without Permission

It is possible that a family member or friend may have taken a vehicle without the owner’s permission to go to a movie or to the store. This is different than stealing a vehicle because the person most likely intended to bring the vehicle back. Furthermore, this person may have had permission in the past to use the vehicle or would likely have gotten permission if he or she had asked for it.

If that can be established, then both the driver and the owner of the vehicle could be responsible for damages. If the owner of the vehicle had previously allowed the driver to operate the vehicle despite knowing that he or she posed a danger, the owner may be wholly liable for any property damage or bodily injury caused by a crash.

What To Do When the Driver Nor the Owner Have Insurance

In the event that the driver nor the owner have any sort of insurance to pay your medical bills or lost wages, your auto policy may cover some of the damage. This may be true if you have uninsured or underinsured motorist coverage. Your comprehensive coverage may also pay some of your medical bills or other costs if you have it.

However, this is unlikely to provide you with all of the compensation that you deserve. Therefore, you may want to file a personal injury lawsuit against the person who hit you. Assuming that their negligence caused the crash, you may be again be able to put a claim against future earnings or take possession of any assets that they currently own.

In some cases, it may be determined that poor road maintenance or a defect with the vehicle were the main cause of a crash. Therefore, the government or manufacturer of the vehicle would be liable for damages. This may actually be beneficial because the government or a large company are likely to be able to pay actual and punitive damages.

What If You Are Hit By a Rental Car or an Uber Car?

Typically, those who rent a car must have their own insurance policy or use one provided by the rental company. Those who operate a vehicle for the purposes of being an Uber driver may also need to have their own insurance while they are driving it. Uber generally carries insurance on all cars while performing duties as a rideshare service provider.

How Does the Law Handle an Accident With a Company Vehicle?

If you are hit by someone driving an employer’s vehicle, the employer may be responsible for any costs that you incur. However, this may not be true if the driver was using it for personal reasons or was driving recklessly at the time of the crash.

Those who have been involved in a car accident should call the police and seek medical treatment right away. From there, they should talk with an attorney who may be able to get them all the compensation that they are entitled to. This may be true regardless of who owns the car responsible for causing the accident.

x FREE Case Review