Do you occasionally let friends or family members borrow your car? If so, you’re not alone—it’s a common practice. But what happens if someone else gets into an accident while driving your vehicle? The short answer: your auto insurance policy will generally apply, but there are important exceptions to consider. Below, our Philadelphia car accident lawyers explain what you need to know about liability when someone else wrecks your car.
Your Auto Insurance Typically Covers Permissive Drivers
In Pennsylvania, auto insurance follows the car, not necessarily the driver. This means that if you allow someone to drive your car, your insurance policy will most likely cover any damages they cause in an accident. Pennsylvania follows a “permissive use” rule, which means that as long as you gave the driver permission, your auto insurance remains the primary coverage for any claims.
However, this does not mean that you are personally liable. Instead, your insurance will cover damages up to your policy limits. Additionally, if you carry comprehensive and collision coverage, you can still file a claim for vehicle repairs—even if someone else was behind the wheel at the time of the crash.
Two Key Exceptions That Could Leave You Liable
While Pennsylvania’s permissive use rule provides broad coverage, there are some circumstances where you could be personally responsible for damages.
1. Failure to List a Household Member on Your Policy
If someone in your household regularly drives your car but is not listed on your auto insurance policy, your insurer may deny coverage if they cause an accident. Pennsylvania insurance providers often require all household members who may drive the vehicle to be named on the policy. Failing to list them could lead to coverage disputes or outright denial of a claim.
2. Negligent Entrustment of Your Vehicle
Under the legal doctrine of negligent entrustment, you could be held personally liable if you knowingly allow an unfit, reckless, or incompetent driver to operate your vehicle and they cause an accident. The Legal Information Institute defines negligent entrustment as a situation where a vehicle owner is liable for damages because they entrusted their car to someone who posed a foreseeable risk to others.
Some examples of negligent entrustment include:
- Letting someone drive who is intoxicated or impaired
- Allowing an unlicensed or inexperienced driver to operate your vehicle
- Lending your car to someone with a history of reckless driving or multiple traffic violations
How Quinn Injury Lawyers Can Help
Car accident claims involving permissive drivers and liability disputes can quickly become complex. At Quinn Injury Lawyers, we are committed to protecting your rights and ensuring that insurance companies honor their obligations. Our Philadelphia car accident lawyers will:
Evaluate your case and answer your most pressing legal questions
Investigate the accident and gather crucial evidence to determine liability
Handle all communications and negotiations with the insurance companies
Fight back against wrongful claim denials by insurers
Contact Our Philadelphia Car Accident Lawyers for a Free Case Review
If you have questions about liability when someone else wrecks your car, we are here to help. At Quinn Injury Lawyers, our team has extensive experience handling complex auto accident claims. Call us today or contact us online for a free, no-obligation case review. With offices in Philadelphia and Cherry Hill, we serve clients throughout Pennsylvania and New Jersey.