Can I be sued for driving someone else's car and getting into an accident?

Question

It was my fault but no tickets were issued. Me and the owner of the car are being sued. I know their insurance will cover the lawyer for the owner of the car. Where do I stand? I also am insured but not on their car, my own personal vehicle.

Steven D. Dunnings · Answer

Yes.

Stephen Lombardi · Answer

Yes you can be sued. If you were negligent or at fault you can be held liable for the damages. Although if the owner had insurance you should be covered by the owner's insurance.

David Stoddard · Answer

You can be sued.  You should be covered by both the car owner's insurance, and your own.  The insurance will pay for your defense.

David Carlile · Answer

You need to tell your insurance company that you have been sued.  Your insurance will provide a defense for you.  In essence "insurance follows the driver" therefore your insurance may be in play.

Ronald Lowry · Answer

If you were driving the other person's car with permission of that person you are what is termed a "permissive user" and are covered by the policy on the car you were driving. Your insurance policy comes on top of that as "excess coverage" in case the damages are higher than the limit of the policy on the car you were driving. The insurer of the car you were driving has to provide a lawyer to defend you in the case at no charge to you.

Bernard Huff · Answer

Yes you can be sued and found liable if your negligence caused the accident. You should retain a defendant's accident attorney for specific legal advice and direction.

Janice Alfred · Answer

If you had permission to drive the car, the owner's insurance should be the primary insurance i.e., it will cover damages to the owner's car and damages caused by it.  Your insurance could provide secondary coverage if the owner lacked insurance or his policy doesn't fully cover the damages. In the meantime, contact your insurance company to see how they handle such issues.

Jared Altman · Answer

Since you were driving their car with permission then you will be covered under their period. Don't worry. Make sure they defend you.

Kenneth Wincorn · Answer

If you were at fault you are a proper party to be sued.  Check with the owner to see that you are being represented.  If you do not get an answer contact your own attorney to be sure that you have an answer on file.

Mark Sternlicht · Answer

If you had the owner's permission to drive the car or reasonably believed that you had permission, then you are considered an insured under the owner's policy.  The owner's insurer will provide an attorney to represent you and cover the damages up to the limits of the policy. You should also inform your insurance company of the suit.

James Kelaher · Answer

Report it to your insurance company, as well.

Eric Lampel · Answer

You will be covered by your friend's carrier or yours, don't worry.  Make a claim to both to defend you.

David Craig · Answer

Yes you can be sued since you were driving and you are the one who caused the wreck.  The insurance on the car(owner's insurance) is primary and it will have to hire an attorney to represent you and pay whatever you owe up to the limits of that policy.  In, addition your own insurance would be secondary and owe whatever you owe above what the other insurance company pays up to your limits.  You should go ahead and notify your insurance company.  Your insurance covers you regardless of whose car you are driving.

Council Wooten · Answer

You may be covered BY both policiesmake sure both companies are properly notified and demand that each defend and indemnify you-let them sort out the details

Thomas Bulman · Answer

You are insured by your policy.  Call your company and report the event.

Andrew Velonis · Answer

You are covered by the owner's insurance since you were driving it with the owner's permission.  You should also notify your own insurance company so that they can cover you if the owner's insurer disclaims.

Eric Chandler · Answer

Yes, you have to be sued because the accident was your fault. As long as you had permission to be driving the vehicle, the car owner's insurance should cover your representation.

Steven Fink · Answer

As the driver you can be sued no matter who owns the car.  Report it to your insurance company and they will handle.

Paul Whitfield · Answer

If you were driving with the permission of the owner, his policy insures your operation of the vehicle. Not to worry. That is his carrier worry.

Neil Kerstein · Answer

You should contact your own insurance company tell them you are being sued.

Steven Shaw · Answer

Insurance goes with the car, but fault goes with the driver.  You will be covered by the owner's policy up to the policy limits, and then your insurance is secondary coverage up to your own liability limits.  If it goes beyond that, you are personally responsible.  Make sure your insurer knows about the collision.  You have a duty under the policy to inform them even if you don't think you'll need to coverage.

Kevin Habberfield · Answer

You can be sued anytime you are at fault for injuring someone. The question you have is insurance coverage and counsel. Most likely, the owner's insurance company will provide you with an attorney, if not, your insurance company will. Don't sweat it, you'll have an attorney either way and insurance coverage with it.  Drive carefully and remember to tell the truth when asked "Is this your fault?" It will make this a lot easier for you and your friend.

Steven A. Schwartz · Answer

As long as you had permission to drive the vehicle, your friend's insurance company will defend you as well.  However, if the plaintiff is looking for more money than the insurance coverage, you should definitely let your insurance carrier know.  They may want to go after your policy as well.  You have an obligation to inform your company of a potential case against you within a reasonable time.  Either way, the insurance companies will take care of your interests here and defend you for free.

Richard Lowell · Answer

As long as you were driving the vehicle with the owner's permission, the owner's insurance should cover you, too.

Russell Gray · Answer

You were the driver and you were at fault, so you can be sued for the accident.  If you drove the vehicle with the owner's permission, you have insurance coverage from their vehicle and the insurance lawyer should be representing you, too.  You should confirm with the insurance lawyer that you are being represented.

Spencer Farris · Answer

If you were driving, you WILL be sued. However, the owner's insurance or yours will provide you with an attorney, and should pay damages if they are awarded against you.

Jon F. Schmoll · Answer

Generally, if you are driving someone's car with their permission, you are covered by the owner's policy.

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