Car accidents in Seattle can happen suddenly, and even a seemingly minor crash can cause extensive personal injuries and property damage. Dealing with insurance companies in the aftermath is never easy, but things get even more complicated and confusing when the vehicle involved isn’t yours.
Whether you lent your vehicle to a friend or were driving someone else’s car when the crash happened, you are likely wondering whose insurance covers borrowed car accidents in Washington State. Our experienced Seattle car accident lawyer helps clients in these cases.
We explain how insurance policies apply and how to protect yourself from paying heavy out-of-pocket costs.
If I Borrow A Car Whose Insurance Covers It When A Seattle Car Accident Happens?
Being involved in a Seattle car accident is a jarring experience. Between personal injuries suffered and property damages, losses can easily reach up to six figures or more. The Washington State Department of Licensing advises that all motorists must have a minimum amount of personal liability and property damage coverage, which helps protect themselves and others on the road.
However, what happens if someone borrows your car and gets in an accident?
Auto insurance coverage generally follows the car, not the driver. If someone drives your car with your permission, your policy is usually the primary coverage, but there are notable exceptions.
Washington insurance law doesn’t require insurers to cover all drivers. The following are common factors that impact whose insurance covers a borrowed car:
- Whether the borrower had explicit permission to drive the vehicle.
- If the borrower lives in your household and is listed on your auto insurance policy;
- Any policy exclusions listed in your auto insurance contract, which may exclude other drivers;
- Whether the borrower has valid car insurance of their own, which can help offset losses;
- The nature of the trip, such as whether they were using your vehicle for personal or business reasons.
Negligent Entrustment: How It Impacts Whose Insurance Covers Borrowed Car Accidents In Seattle
According to the Seattle Department of Transportation, close to 8,000 car accidents happen throughout our area each year. However, crashes and collisions typically don’t just happen due to bad luck. One or more motorists involved may have engaged in reckless or negligent behavior.
The underlying causes of a crash factor into determining whose insurance covers borrowed car accidents in Washington State. In some cases, the car’s owner may be responsible for negligent entrustment. This legal theory holds you liable for lending your vehicle to someone you knew (or should have known) was unfit to drive.
Washington courts have consistently upheld this principle. If a motor vehicle owner lets an unsafe driver borrow their car, they may be liable for damages, even if they weren’t in the vehicle. Examples of negligent entrustment in Seattle car accident claims include:
- Lending your car to someone who doesn’t have a valid license.
- Letting an underage or inexperienced driver borrow your vehicle.
- Allowing someone with a known history of DUI to drive.
- Permitting someone with a seizure disorder or other medical condition to operate your vehicle.
- Letting a visibly intoxicated person take the wheel.
Borrowed Vehicles and Employer Liability In Seattle
Borrowed vehicle accidents don’t just happen between friends or family. Employers are often involved, too. When an employee uses a company vehicle or borrows one for a work-related task, the employer may be liable for damages. This is known as vicarious liability under Washington State negligence laws (RCW 18.86.090).
Even if the company doesn’t own the vehicle, the employer could be liable if a crash happens while the car is being used for business purposes. While commercial insurance policies may help cover losses in this situation, disputes and denied claims are common. Situations in which employers may be liable:
- An employee drives a borrowed car during a delivery or client visit.
- An employer asks a worker to run errands using someone else’s vehicle.
- The accident occurred during business hours in the course of employment.
- The employer knew the driver was unsafe but permitted them to use the car anyway.
- The employer failed to properly train or screen the driver.
Seattle Crash Liability: What Happens If Someone Borrows Your Car And Gets In An Accident?
Seattle car accidents involving borrowed vehicles introduce more legal gray areas than most collisions. That’s why it’s essential to act quickly and gather evidence to help establish who’s responsible and whose insurance policy should pay.
Under Washington State’s pure comparative fault system, each party involved in a crash may be assigned a percentage of blame. The more proof you have to support your claim, the better your chances of getting compensation. To protect your rights, take these steps if you are in a crash involving a borrowed vehicle:
- Call 911 immediately to report the crash.
- Get names, contacts and vehicle insurance information from all involved drivers.
- Take photos of the vehicles, roadway, and injuries, and get contact info for potential witnesses.
- Get immediate medical attention for your injuries and follow all treatment instructions.
- Notify both your and the vehicle owner’s insurance companies.
- Avoid admitting liability or saying anything that can be used against you.
If someone borrows your car and gets into a crash, review the terms of your insurance policy, avoid making any statements to claims representatives, and get legal help right away.
Request A Consultation Today With Our Experienced Seattle Car Accident Lawyer
Trying to figure out what happens if someone borrows your car and gets in an accident is stressful enough. Dealing with insurance adjusters, potential liability, and denied claims adds even more frustration.
Determining whose insurance covers a borrowed car accident in Seattle is never easy and could leave you paying heavy out-of-pocket costs. At Washington Injury Law, we are here to help in this situation. Whether you were the borrower, the owner, or the injured party, our Seattle car accident lawyer fights to get you the compensation you need to cover your costs. To request a consultation, reach out and contact our office today.