Skip to content
In Florida, car insurance usually follows the car, not the driver. If you lend your car to a friend or family member and they have an accident, your insurance will typically cover property damage and injuries beyond what the other driver’s PIP policy covers.
There are exceptions, though. If your friend borrows your car without your permission, they may be personally responsible for any damage caused while driving it. Florida’s no-fault law, the “serious injury” exception, and questions about permission can make post-crash insurance issues confusing. The advice of an experienced Melbourne car accident attorney can help clarify your options.
How Florida insurance works when someone borrows your car
Which insurance policy pays for damages after a wreck depends on a few different factors.
If the person driving had permission from the car’s owner to use the vehicle, the car owner’s PIP and liability coverage usually apply first. Even if the borrowing driver caused the crash, the other driver’s PIP policy covers their own medical care and property damage.
If the victim’s injuries exceed PIP limits and meet the state’s serious injury threshold, they can file a claim against the car owner’s liability insurance or pursue a personal injury lawsuit against both the at-fault driver and owner.
If the driver did not have permission, the car owner’s insurer may deny coverage. In that case, the driver could be held personally liable for damages. The other driver may also file a lawsuit under Florida’s dangerous instrumentality doctrine.
Sometimes, your own collision coverage or secondary insurance may help pay remaining damages after the owner’s policy and the other driver’s PIP coverage are used.
Owner liability under Florida’s dangerous instrumentality doctrine
Florida’s dangerous instrumentality doctrine holds that vehicle owners can be legally responsible for damages caused by someone else operating their car. The owner must prove they had no control over the vehicle at the time of the wreck to avoid liability.
This responsibility can apply even if the driver didn’t follow the owner’s instructions or, in some cases, used the car without permission. Injured people may seek compensation from both the at-fault driver and anyone else who shares legal responsibility, such as the vehicle’s owner.
In addition, the driver’s insurance company might pursue subrogation, a process where an insurer seeks reimbursement from the person or policy responsible for the loss.
What to do if you’re driving someone else’s car and get into an accident
If you’re in a crash while driving someone else’s vehicle, here’s what to do after the accident, whether or not you caused it:
- Stay at the scene until police arrive.
- Call 911 and report the accident.
- Exchange information with the other driver and the responding officer only.
- Get medical attention, even if you feel fine.
- Notify your insurance company.
- Contact the car’s owner so they can alert their insurer.
- Speak with a qualified car accident lawyer before giving any statements to insurers.
Your PIP coverage may help cover medical bills and certain property losses, such as damaged belongings. If your injuries are serious, you may also have the right to sue the at-fault driver for additional compensation.
Talk to a car accident attorney after a crash in another person’s car
If you were involved in an accident while driving someone else’s car, you don’t have to navigate insurance disputes alone. A skilled attorney can determine which policies apply and protect you if you’re blamed unfairly.
At Lytal, Reiter, Smith, Ivey & Fronrath, our law firm helps drivers understand their rights after crashes involving borrowed vehicles. Call (561) 655-1990 or contact us online today for a free consultation to discuss your case and explore your options for recovery.