What happens if someone wrecks a car in your name?

Letting someone else drive your car comes with risks you may not think about until it’s too late. So, what happens if they wreck a car registered in your name? If you gave permission, your insurance might cover the damage. If you didn’t, the driver could be held liable for any losses.

Dealing with a car accident claim with a third party can make the situation much more complicated, making it critical to speak with a Palm Beach Gardens car accident lawyer with Lytal, Reiter, Smith, Ivey, and Fronrath to make sure your rights are protected and you are not left to shoulder costs that are not your responsibility.

How does Florida’s no-fault insurance policy affect the claim?

A crucial aspect to understand regarding car accidents is that Florida operates under a no-fault insurance model. This means that you first file a claim with your insurance provider, and they will cover the damages regardless of who is at fault. In most cases, you just need to provide evidence of the accident and the costs of your damages. This can often be done with a police report, photos of the scene, and medical records.

Will my insurance policy cover the damage if someone else caused the accident in my car?

In most situations, Florida car insurance follows the vehicle, not necessarily the driver. Which means that even if someone else was driving your vehicle with your permission and caused an accident, your policy will likely cover the damages up to the policy limits.

In certain circumstances, your policy may exclude specific drivers. This is often due to previous violations or claims due to reckless behavior. If the driver who wrecked your car was explicitly excluded from your policy, they will likely not be covered for the damage.

Can I be held personally liable if someone else wrecks a car registered to me?

In most situations, the car owner’s insurance, or that of the person driving, will be responsible for the damages caused, even if another driver wrecked a car registered to you. However, Florida’s implementation of the Dangerous Instrumentality Doctrine may leave you on the hook for liability if you allow someone to use your car, especially if you have reason to believe they may cause harm with it. However, this suspicion is not always required for you to face liability.

These rules can provide additional incentive for parents of teens learning to drive to take appropriate responsibility for teaching and monitoring their driving behavior and activity.

When should I worry about vicarious liability if someone wrecks a car in my name?

In Florida, simply allowing someone to use your car, regardless of whether you suspected they might be reckless, can make you liable for damages they cause.

While most innocent accidents may resolve with a typical insurance claim and no drama, it may be wise to contact an experienced car accident lawyer to make sure you have someone to protect your rights.

Are there any exceptions to vicarious liability rules?

Florida allows for a few exceptions to vicarious liability rules. If your vehicle is undergoing professional service, you are not responsible for accidents that occur while it is in the care of a service, repair shop, or valet service. In many cases, this liability would fall on the individual or their employer.

Additionally, you will typically not be considered liable for an accident that occurs immediately after selling your vehicle to a new owner who has not yet registered the vehicle in their name. However, you will likely need to provide the bill of sale or other evidence that the car was no longer yours.

Last, you may not be considered liable for damage caused by someone who stole your vehicle or was driving your car without permission.

The person who wrecked my car was unauthorized to drive it. What do I do?

Someone stole your vehicle and then caused an accident. What can you do to protect yourself? The key to this kind of situation is providing evidence that the driver did not have permission to drive your car. If the person is a friend or family member, you may be able to produce text messages or voicemails showing you specifically denied permission, or you may use a police report to show you reported the vehicle as stolen.

Regardless of the situation, you are likely best protected by contacting a personal injury attorney to help you protect yourself and limit your own liability.

Get help protecting your rights after a car accident

Dealing with insurance companies on top of trying to figure out how you will repair your car for damage that you did not cause can be a nightmare. The dedicated team at Lytal, Reiter, Smith, Ivey & Fronrath is here to help you protect your rights as a vehicle owner and fight for you to recover compensation for the property damage you suffered at the hands of someone else. Our firm offers free consultations, so you can contact us with no obligation. Feel free to reach out online or call us today at (561) 655-1990.