If you have an accident while driving in someone else’s car, the car owner’s insurance will be the primary one responsible. Your own car insurance may provide secondary coverage. In Georgia, if the accident was another driver’s fault, that driver’s insurance will be responsible for the injuries and damage.
The rule when you are driving someone else’s car is that car insurance follows the car, not the driver. This means that the owner’s car insurance is usually responsible. Because of this, it is important to tell the owner of the car about the accident right away, so they can report it to their insurance company.
What happens if I was driving my friend’s car and the accident was my fault?
Georgia is a “fault state” when it comes to car accident claims. This means that the driver who was legally “at fault” is responsible for paying for the injuries and vehicle damage for the other people involved in the accident. Usually, these payments are handled through insurance.
Car insurance policies cover injuries and property damage if the car’s owner is driving the car, and also if someone else is driving the car with the owner’s permission. This means that if your friend lent you their car and you caused an accident, their car insurance is the one responsible for paying, up to the limits of the policy. This includes other drivers and passengers’ injuries and vehicle damage. If your friend had collision coverage, that coverage will pay for the damage to your friend’s car. If there are injuries and property damage greater than your friend’s insurance coverage, your own car insurance policy might provide secondary coverage.
There are a couple of exceptions to this. If your friend or family member specifically excluded you from coverage, their insurance is not responsible. And if you regularly drive your friend’s car but were not named as a driver under the policy, the insurance company might also deny coverage. Finally, if were drunk and your friend knew it and gave you the keys anyway, the insurance company might not want to cover the accident.
If your friend’s insurance has to pay because you caused an accident, your friend’s insurance premiums may go up.
What if the accident wasn’t my fault?
If the accident wasn’t your fault, the other driver’s insurance will be responsible for paying for the damage to your friend’s car and any injuries that you or anyone else had. However, you should be aware that the other driver’s insurance will not be eager to pay your claim. The insurance company wants to make a profit, and it will try to get rid of your claim as quickly and cheaply as it can. Never make a recorded statement, accept money or sign any paperwork without talking to a lawyer. And never accept the blame, say you’re sorry, or suggest in any way that the accident might have been your fault. You could be cheating yourself out of money that you are legally entitled to.
What should I tell my friend?
Be honest with your friend, and pass along any information you gathered at the scene. This includes license and insurance information from the other driver, and information from the police officer about how to obtain a copy of the police report. Tell your friend what happened, but avoid blaming yourself for the accident. Let the insurance companies look at the objective facts and decide who was at fault. Encourage your friend to report the accident to his or her insurance company.
Can I be sued?
If the accident was your fault and there is not enough insurance to pay for all the injuries and property damage, it is possible that you could be named as a defendant in car accident lawsuits in Atlanta, Georgia. If you were injured in a car accident, it is important to schedule a consultation with an Atlanta car accident lawyer so you understand you rights and have a professional helping you deal with the insurance companies.
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