Lots of people let their friends or family members borrow their car. Your family may be in town for vacation. Or, your car is in the shop and you need to borrow your neighbor’s car. If you get into an accident, you’re going to wonder if insurance will pay for any injuries.
The good news (or bad news, depending on the situation) is that insurance follows the car – not the driver. This means that, no matter who’s driving your car, if they get into a crash, any injuries will be covered by insurance.
This means, if you get into an accident while driving your neighbor’s car, your injuries will be covered. So will the other driver’s if the accident was your fault. You won’t have to worry about a personal injury lawsuit being filed against you.
If, for some reason, the car you’re driving isn’t insured, you do have options. If you have insurance for your vehicle, it will likely kick in to cover any injuries or damage caused by the crash.
Third-party driver cases can be very complicated. This is why you should always call an experienced accident lawyer in Louisiana. They know how to deal with the insurance companies. They also know what to do if, for some reason, the accident isn’t covered by insurance.
What if You’re Hit by an Unlicensed Driver?
While the general rule is that insurance follows the car, there are exceptions to the rule. If you get by someone who isn’t a licensed driver, you’re going to run into some problems. This is because an unlicensed driver is not usually covered under the car’s insurance policy.
If someone borrow a vehicle and crashes into you, the owner’s insurance policy will usually cover your injuries. This isn’t the case if the person driving the car isn’t licensed. This could include any of the following people:
- Minors who don’t have their license yet
- Someone whose license has been revoked
- A driver who never had a valid license
- Someone whose license has been suspended
The other time a driver may not be covered is when they’ve specifically been excluded from the policy. When you sign up for car insurance, you can ask certain people not to be covered. This could be due to their terrible driving history. Or, you don’t trust that they’ll drive carefully.
If someone is specifically excluded from the insurance policy, they won’t be covered. Your accident lawyer in Louisiana may have to file a personal lawsuit against the driver instead.
What are Some of the Other Exceptions?
There are other exceptions to the rule that insurance follows the car and not the driver. One situation is when the drive is under the influence of drugs or alcohol. If someone is charged with DUI, the insurance company isn’t going to cover your claim.
This isn’t true for people listed on the policy. The insurance company takes the risk that their insured will get arrested for DUI. They also take the chance that their client will cause an accident while under the influence.
Insurance companies aren’t going to cover claims filed against people who aren’t on the policy if they’re caught drinking and driving. It wouldn’t be fair because they never had the chance to weigh the risks of insuring someone against DUI accidents.
What if the Driver Has Their Own Insurance?
The good news is, if the car’s insurance policy doesn’t cover your injuries, you have other avenues to pursue. The driver may have insurance on their own vehicle. This policy can be used to cover any damages that exceed the vehicle’s policy.
If the person driving the car has no policy of their own, your Louisiana injury attorney may have no choice but to file suit. They can file a personal injury lawsuit against the driver. Depending on their assets, you may be able to recover against them personally.
The problem with a personal lawsuit like this is that, if the driver has no assets, you’ll never see a dime. Unless they have property, your judgment may not be worth the paper it’s printed on.
Contact a Car Accident Lawyer in Louisiana
If you get injured in any sort of car accident, you need to contact an accident lawyer in Louisiana. They can review your case and let you know what it may be worth. They can also talk to the insurance adjuster and find out if your claim is covered.
Call Stephen Babcock today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.