Washington has fault-based injury laws for car accidents, holding the driver who causes an accident responsible for damages such as property damage, medical expenses, lost wages, and compensation for pain and suffering. While proving fault to recover compensation isn’t always an easy task to begin with, an accident claim becomes more complex when someone else is driving your car and becomes involved in an accident. Make sure to contact an experienced Arlington accident lawyer for legal guidance and support.
Understanding “Permissive Use” In Washington Car Accident Insurance Claims
Most car accident claims are not lawsuits against an at-fault driver’s personal funds. Instead, they are claims made against their auto insurance. It’s important to note that insurance typically follows the car, and not the driver. This means that your auto insurance policy will cover the damages even when another driver was behind the wheel of your car. As long as you gave the other driver permission to drive the car, your insurance is still in effect. Unfortunately, you may face an increased insurance rate as a result.
This policy of “permissive use” may not cover the costs of a car accident through your insurance if the insurance company finds that the driver was using your car in a way that you did not expressly permit. Meaning, if you lent a neighbor your car to run to the drug store and pick up a prescription, but they took the car for hours while they were out clubbing, the insurance company will likely deny the claim. In a case like this, the driver’s auto insurance should cover the damages, not yours.
What If I Did Not Give Permission for Someone Else to Use My Car, and They Crashed It?
If someone “borrowed” your car without your permission, your potential liability for the damages depends on your relationship to the driver. If the driver who took your car without your permission or knowledge causes an accident, their auto insurance must cover the accident-related costs.
If you are the parent of a teen driver under the age of 18 who took your car, with or without permission, you are liable for any damages they caused if the accident was their fault. This rule is known as the “Family Car Doctrine” of civil liability under Washington WPI 72.05, which states the following:
“A person who [owns] [maintains] [provides] a motor vehicle for the use of a member of his or her family is responsible for the acts of that individual in the operation of that motor vehicle.”
What If the Other Driver Was at Fault?
If someone borrows your car and is involved in an accident caused by another driver, the other driver is liable for the damages. In this case, the at-fault driver’s insurance covers the property damage to your car and the injury-related damages to anyone injured or killed in the car accident, with no adverse effects on your insurance rate.
While this may seem like a straightforward matter, insurance companies often find reasons to deny or undervalue claims, including by assigning a percentage of fault to the injury victim for the accident. By saying the person driving your car was 25% at fault for their injuries and property damage to your car, they can subtract that amount from the amount they pay out on a claim. In fact, the other driver could legally seek 25% of their compensation from your insurance. Washington’s system of pure comparative negligence allows this.
It’s always a good idea to hire an Arlington personal injury lawyer after a Washington car accident, but when someone else was in a crash with your car, it’s even more beneficial to have experienced legal representation on your side.