Getting Into a Car Accident in a Friend’s Car: Who is Liable?

Being involved in a car accident is never an easy situation, but it can be especially stressful if you were driving someone else’s car. It may not be immediately clear whether you can file an insurance claim with your own provider or if the vehicle owner’s coverage applies to you. An experienced New York car accident lawyer can help you understand your legal rights and options following an accident where you were driving a friend’s car.

At Scott C. Gottlieb, Injury Law Attorney, our New York personal injury attorney wants to help you understand liability issues arising when you’re involved in an accident in a friend’s car. Contact us today for a free consultation to discuss your situation.

PIP/No-Fault Insurance in New York

New York is only one of a handful of states in the U.S. that follow what is known as a no-fault car insurance system. In addition to liability insurance, New York requires that all motorists carry no-fault personal injury protection (PIP) coverage. PIP insurance helps cover the following expenses, regardless of who caused the accident:

• Your reasonable and necessary medical expenses related to the motor vehicle accident
• Up to 80 percent of your lost wages
• Reasonable expenses like household help and transportation to medical appointments

In traditional at-fault states, the victim files an insurance claim with the at-fault driver’s insurance company seeking compensation for their financial losses after a car accident. In no-fault states like New York, the victim files an insurance claim with their own insurance carrier to recover compensation. In other words, your insurance provider pays for your accident-related medical expenses and other losses up to your policy benefits.

That’s not to say fault for an accident doesn’t matter in New York. Suppose your financial losses exceed the coverage your own insurance policy provides and your injuries meet New York’s serious injury threshold. In that case, you can attempt to file a personal injury lawsuit against the at-fault party to seek additional compensation to cover your losses.

In New York, it is essential to understand that a car insurance policy follows the car, not the driver. If a friend obtains permission to drive someone else’s car and then ends up in an accident, the vehicle owner’s car insurance company typically covers the associated financial losses. If a friend borrows your car and has an accident, your no-fault car insurance kicks in.

However, the situation changes when a friend does not obtain permission to borrow a vehicle. In accidents involving non-permissive use, the vehicle owner’s insurance company often attempts to seek compensation from the driver’s insurer, even when the vehicle owner’s insurance policy is enough to cover the damage.

Parties Who May Be at Fault in a Car Accident

If your expenses exceed the amount of your friend’s PIP insurance, you might consider filing a claim against the party at fault for the accident. Numerous factors can cause car accidents in New York, from distracted driving to speeding. Determining fault for a car accident involves evaluating the available evidence and the circumstances of the accident. Parties who can be partially or wholly at fault for causing a devastating car accident can include:

• The other driver
• The vehicle owner, if they failed to maintain the vehicle
• An employer, if the at-fault driver was working at the time of the accident
• Defective product manufacturer
• You

Under New York’s comparative fault system, even if you bear partial responsibility for an auto accident, you can still recover compensation for your losses through a personal injury lawsuit. However, your compensation will be reduced by the same percentage as your level of fault for causing the crash. Even if you are primarily responsible for a New York car accident, you can recover compensation for your injuries and financial losses. Still, you may also be responsible for paying a portion of the other driver’s damages.

Damages You Can Recover in a Car Accident Claim

By filing a third-party personal injury lawsuit following a car accident, an injured car accident victim can seek compensation for the following:

• Medical expenses
• Personal care and household expenses
• Loss of income
• Diminished earning potential
• Out-of-pocket expenses
• Pain and suffering

The value of a New York car accident case varies. The circumstances of the crash and the severity of the person’s injuries can significantly impact the overall value of a case. An experienced New York car accident attorney can evaluate the situation, identify all liable parties, and calculate the full extent of your losses.

How an Experienced Car Accident Lawyer Can Help with Your Claim

Determining who should pay following a New York car accident can be challenging. Determining who should pay when friends are involved can be even more complicated. Filing a car accident insurance claim after a friend borrows your car or you borrow someone else’s is not always straightforward. An experienced car accident lawyer can help with your claim by:

• Handling communication with insurers and managing complications, including denials
• Reviewing all applicable insurance policies
• Investigating the accident to determine liability
• Advising you of your rights and whether you are eligible to file a third-party lawsuit
• Managing the claim process
• Negotiating for fair compensation on your behalf

You may be intimidated or anxious about asking a friend for their insurance information. Filing a claim with someone else’s insurance company can be time-consuming and complicated. No matter the situation, the legal team at Scott C. Gottlieb, Injury Law Attorney can help you navigate the process, manage communication with all parties, and fight for maximum compensation. We don’t just offer legal solutions – we offer peace of mind.

Contact an Experienced Car Accident Attorney for a Free Case Review

When you or someone close to you is in a car accident involving someone else’s car, the event and its aftermath can be anxiety-inducing and stressful. Ease your worries and allow a skilled New York car accident lawyer with Scott C. Gottlieb, Injury Law Attorney to help you. We can help you seek the compensation you deserve and manage all the details of your claim. Contact a New York car accident attorney today to learn more during a free case review.