What Happens in Florida When You Let Someone Else Drive Your Car and They Get in an Accident?
Bill Allen | November 19, 2024 | Car Accidents
Letting someone else drive your car might seem simple. However, if they get into an accident, things can get complicated. In Florida, the car owner is often responsible for damages, even if they weren’t the one behind the wheel. Here’s a closer look at how liability and insurance work when you let someone else drive your car.
Who Is Liable When Someone Else Drives Your Car?
In Florida, a rule called the “dangerous instrumentality” doctrine generally holds car owners responsible for accidents involving their vehicles. This means that if someone has your permission to drive your car and gets into an accident, you might be held responsible for any damages.
However, the level of liability depends on several factors, such as the details of your insurance policy and who is at fault for the accident.
How Does Car Insurance Work When Another Person Is Driving?
When you allow someone else to drive your car, your car insurance is usually the primary coverage in an accident. Here’s what that means:
- Primary Insurance: Your insurance policy typically covers the accident first, including damages and injuries, up to the limits of your policy.
- Secondary Insurance: If the driver has their own insurance, it may help cover additional damages if your policy’s limits are reached.
Florida requires all drivers to carry Personal Injury Protection (PIP) insurance. This insurance covers medical costs and some lost wages, regardless of who caused the accident.
However, PIP coverage usually only applies to the driver’s own policy, not yours. The severity of the crash, among other factors, will ultimately determine whether you are liable for the victim’s damages in this circumstance.
What If the Driver Is Uninsured or Underinsured?
If the person you allowed to drive your car doesn’t have their own insurance or is underinsured, your policy might still have to cover the damages. Here’s how it usually works:
- Uninsured/Underinsured Motorist Coverage (UM/UIM): If you have UM/UIM coverage, it can help pay for damages if the other driver involved in the accident has little or no insurance. But this only applies if another driver, not your driver, is at fault.
If your policy doesn’t cover all damages, you could be responsible for paying out-of-pocket, especially if the driver lacks insurance and your liability coverage isn’t enough.
Does It Matter Who Was at Fault?
In Florida, fault can play a role in determining who pays for damages, especially when another driver is involved in the accident. However, victims are generally limited to their PIP coverage unless an exception applies. If the person driving your car is partly or fully at fault, your insurance might cover damages up to your policy’s limits, depending on the facts of the case.
If the other driver is at fault, their insurance should cover the costs under Florida’s comparative fault rules (again, depending on the specifics of the case). However, your insurance may still need to cover some expenses under the state’s no-fault PIP requirements, regardless of fault.
Contact Our Gainesville Car Accident Law Firm in North Central Florida
If you are facing liability because someone else crashed your car, consulting a car accident attorney may be helpful. They can explain your rights, help review your coverage, and look at ways to reduce potential out-of-pocket expenses.
Letting someone else drive your car can carry financial risks if an accident happens, but understanding your insurance and liability options can help protect you in these situations.
If you need legal assistance, contact the Gainesville car accident lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
