The vehicle owner is generally liable when their friend causes an accident in their vehicle. Usually, the vehicle owner has insurance, in which case their insurer may cover the cost of the accident. If the vehicle owner lacks insurance, the driver’s auto policy may cover the cost of the accident.
Even if the vehicle owner does have insurance, that insurance may not adequately cover the victim’s accident-related losses. In this case, the victim may file a claim with the at-fault driver’s auto insurance provider.
Regardless of the accident's responsible party, a knowledgeable San Marcos car accident lawyer can evaluate your optimal courses of action.
The Car Owner Usually Provides Coverage When a Friend Causes an Accident
Many misconceptions about auto insurance exist, and many assume drivers are financially responsible for their actions. However, if someone causes an accident while driving their friend’s vehicle, the friend (or, more specifically, their insurer) may neec to pay for the accident.
Even if the friend who borrowed your car (or vice versa) is not on your insurance policy, your auto insurance likely covers them. Insurance applies to your car rather than you as a driver.
The state may require several types of insurance coverage, including:
- Personal injury protection (PIP) coverage
- Collision coverage
- Uninsured/underinsured (UM/UIM) coverage
- Liability coverage
With the cost of auto accidents ranging from tens of thousands of dollars to more than $1 million, your auto insurance policy can provide much-needed coverage. However, the vehicle owner’s auto policy will not always cover all of a car accident victim’s damages.
The Driver’s Insurance May Kick In When the Owner’s Policy Is Not Enough
When a car accident victim’s damages reach the vehicle owner’s policy coverage limits, they may access the at-fault driver’s auto insurance. In this sense, the auto policy of the at-fault motorist serves as a financial backstop for the victim’s accident-related damages.
This second insurance policy may still not provide enough coverage for accident-related losses.
The Vehicle Owner May Also Be Vulnerable to a Lawsuit
If a car accident victim does not receive the compensation they need through insurance, they may elect to sue the vehicle owner. In most cases, the vehicle owner (rather than the driver) is the subject of a lawsuit.
Sometimes, the vehicle owner and the at-fault driver may be liable for a car accident. Each accident and case is different, and an attorney can identify liable parties in a car accident case.
An Attorney Will Sort Out the Details of an Accident Involving a Borrowed Car
Car accident lawyers represent accident victims. When a collision involves a driver operating a borrowed vehicle, the post-accident process can become more complicated.
As an accident victim, you may choose to hire a lawyer because:
- You don’t know how to identify liable parties: Without a working knowledge of insurance laws in your state, you may find it difficult to know who you can hold liable for your car accident. Your attorney will know all of the local insurance laws, and they will settle the issue of liability.
- You want to focus on your health: Most car accident victims realize that recovery is the priority. In hiring a car accident lawyer, an accident victim can avoid stress resulting from an insurance claim or lawsuit. With no concern about your case, you may also have more time to rest and receive the necessary treatment.
- Your mental state is fragile: Car accidents are jarring events that can cause mental fragility, including post-traumatic stress disorder (PTSD). Any added stress, including the stress of dealing with insurers, can have catastrophic psychological effects.
- You don’t have the money to build your case: A car accident lawyer will provide complete financial support for your claim (and a lawsuit, if necessary). You will only pay the firm’s fee if it secures compensation for you. You will not, in other words, have to pay for your case out of your pocket.
- You value a lawyer’s experience and training: You can hire a lawyer with years (and perhaps decades) of relevant training and experience. Like any job, experience brings insights that money cannot buy. Therefore, you may place great value on the experience a lawyer brings to your car accident case.
There is also the sheer cost of a car accident, which can be a six- or even seven-figure liability, particularly if you are dealing with a disabling injury. You may fear failure when it comes to your case, and that is a reasonable concern. A car accident lawyer is more suited to lead your case than you are.
Steps to Take After Any Car Accident
Every car accident victim should:
Find Medical Care as Soon as Possible
Seek medical attention urgently after your car accident because:
- You may have life-threatening conditions that require immediate diagnosis and treatment (even if you are not presenting symptoms)
- Every car accident victim should have a full physical exam so they are aware of their injuries and symptoms
- A doctor can provide a detailed treatment plan to ensure you reach maximum medical improvement (MMI) as quickly as possible
- If you wait to see a doctor after your accident, you may give credence to arguments that your accident did not cause your injuries
Yes, insurers will use your delay in seeking medical attention against you. Therefore, seek medical care as soon as possible.
Find the Right Car Accident Lawyer to Lead Your Case
Finding a capable car accident lawyer is nearly as important as getting medical attention.
Do not wait to find a lawyer because:
- Most states have statutes of limitations for car accident cases, so your lawyer likely faces a deadline for filing your case
- Insurers or other liable parties may threaten your rights until you hire a lawyer to deal with them
- If you hire your lawyer quickly enough, they can document the accident scene
- Even if they can’t document the collision scene, your lawyer may need to secure time-sensitive evidence like witness accounts and traffic camera footage
A lawyer’s services will also benefit your health. Because your attorney will handle every detail of your case, you can focus on your health and recovery.
How an Attorney Will Help After Your Car Accident
You should know what you get when you hire an attorney.
Not only do you get the services of the lawyer, you may also receive help from:
- Paralegals
- Investigators
- Experts (paid for by the law firm)
Your legal team will be responsible for your insurance claim. If insurance companies do not offer a fair settlement, your claim may evolve into a lawsuit. Your attorney and their team will also handle your lawsuit (if necessary).
Duties related to insurance claims and lawsuits can include:
Obtaining Relevant Evidence
Your lawyer will seek:
- Eyewitness accounts of the car accident
- Any admissions of fault (including statements by the friend who caused your accident)
- Video footage of the accident
- Expert testimony about the collision
- A reconstruction of the accident
- The police report detailing your collision
Your lawyer will secure any other evidence that adds to your case for compensation.
Establishing Liability for Your Accident-Related Damages
This step gets particularly complicated when a friend causes an accident in their friend’s vehicle. Your attorney will review all applicable insurance policies, calculate the cost of your damages, and determine who is liable for your damages.
When comparing your damages with the liable parties’ insurance policies, your lawyer will determine if you need to sue.
Calculating and Documenting Your Recoverable Damages
Attorneys calculate their clients’ economic and non-economic damages, as you should receive compensation for both.
Your lawyer will also obtain all documentation of your damages, which may include:
- Medical bills and records
- Images of injuries
- A mental health expert’s diagnosis of your psychological and emotional symptoms
- Proof of your inability to work (and income you lose as a consequence)
- Invoices for the repair or replacement of your vehicle (and any other damaged property)
Capable attorneys secure as much documentation as possible. This positions a car accident lawyer for success during settlement negotiations.
Demanding Fair Compensation from Liable Parties
Car accident lawyers are their clients’ designated negotiators. Your attorney will meet with insurance reps or other attorneys to negotiate your deserved settlement.
While most car accident cases settle, some go to trial. Your lawyer will be prepared for either outcome and take your case to court if necessary.
What Damages Will a Car Accident Lawyer Seek Compensation For?
Your attorney will seek compensation for every damage you have. The nature and severity of your injuries will be key determinants of the types of damage you suffer.
Common damages in car accident cases include:
- Healthcare expenses: You deserve fair compensation for all accident-related medical bills. If you continue to suffer symptoms from accident-related injuries, your lawyer may project the cost of future medical expenses. In some cases, attorneys must wait for their clients to recover before securing a settlement.
- Pain and suffering: Courts throughout the U.S. allow victims to seek compensation for pain and suffering. This type of damage can include physical pain, emotional anguish, psychological distress, lost quality of life, and a host of other problems.
- Lost productivity, lost income, and other professional damages: Your claim or lawsuit should pay foe any work-related losses. This may include lost income, diminished earning power, lost bonuses, lost progress toward promotions, and lost benefits. You may also suffer psychologically while you cannot work.
- Property costs: Your car accident lawyer will seek money to repair or replace all damaged property, including your vehicle.
You need an experienced attorney to identify and calculate damages in your case.
A Lawyer Can Lead Your Fatal Car Accident Case if You Lost a Loved One
If you are dealing with the sudden loss of a loved one, a lawyer can help. You deserve unrelenting support, and your lawyer will seek justice for your tragic and unexpected loss.
Your wrongful death lawsuit may include compensation demands for:
- Funeral and burial expenses
- Loss of a spouse’s companionship
- Loss of a parent’s support and guidance
- The loss of any other non-economic benefits the decedent provided their loved ones
- Loss of the decedent’s income
- Loss of the decedent’s household contributions
- Your pain and suffering
- The decedent’s pain and suffering
You can hold liable parties accountable for a wrongful death. Let a lawyer exercise this right to the fullest.
How Does a Lawyer’s Contingency Fee Work?
Lawyers use a fee structure that allows anyone to hire a car accident attorney. These are called contingency fees, contingent on the lawyer’s performance.
When you hire a lawyer that offers a contingency fee structure, you:
- Allow the law firm to cover the entire upfront cost of your case
- Rely on the firm to pay for any experts who can improve your case
- Agree that the law firm will receive a portion of any settlement or verdict it secures for you
This arrangement protects you from direct financial risk. If the law firm gets money for you, it takes its fair share. If the law firm fails, you don’t owe the firm a cent.
This contingency fee structure also ensures that your lawyer has an incentive to obtain as much money as possible for you.
Find a Car Accident Lawyer to Lead Your Case Today
The sooner you hire a car accident lawyer, the less you’ll worry about missing your case’s filing deadline. You can also focus more intently on your recovery once you know a lawyer is fighting for you. You can rest assured that evidence will still be fresh and strong for your attorney to build the strongest possible case in favor of your compensation.
Find and hire a qualified personal injury attorney in San Marcos as soon as possible. No matter who caused the crash, a skilled legal professional can assess your best options for free.
