Car accidents can create enough stress on their own, but confusion often multiplies when someone else is behind the wheel of your vehicle. Many Fresno drivers ask: What happens if someone else is driving my car and gets in an accident in California? At Dhanjan Car Accident and Injury Lawyers of Fresno, we guide clients through these situations, where insurance rules, liability laws, and permission play important roles.

What Happens If Someone Else Drives My Car and Has an Accident?

In California, your auto insurance is generally considered the primary coverage when another person drives your car with your permission. This principle is called “permissive use.” Your liability coverage is designed to pay for damages or injuries caused by the driver, up to the limits stated in your policy. You may face additional exposure under California’s liability laws if damages exceed those limits.

Permissive Use

California law recognizes that insurance usually “follows the car.” According to California Insurance Code §11580.1, a person operating your vehicle with your permission is covered to the same extent as you are, though some policies apply reduced “step-down” limits. This means that even if the driver is not listed on your policy, they are generally insured as long as they have your consent.

Another situation can occur when someone takes your car without your permission, and your insurer can deny coverage. These are called “non-permissive use” situations.

Potential Owner Liability

Insurance coverage may not shield you from every claim. Under California Vehicle Code §17150, the owner of a vehicle can be held responsible for injuries or property damage caused by another person driving with the owner’s permission. This liability can apply even if you were not present during the crash.

There is also the legal concept of negligent entrustment. When you knowingly allow an unsafe, unlicensed, or intoxicated person to drive your car and they cause harm, you could face direct claims for your decision to entrust the vehicle to them.

Insurance Coverage

Your insurance will generally pay first. Liability coverage addresses injuries or property damage to others, while collision coverage may help repair your own car. If the driver has their own auto insurance, their policy may serve as secondary coverage once your limits are exhausted.

Drivers are required to carry liability insurance, but the minimum requirements may not be sufficient to cover losses in a serious accident. For this reason, many drivers choose policies with higher limits to reduce financial risk.

Legal Procedure

After a car accident involving someone driving your vehicle, the legal process typically includes:

1. Police reporting is required if injuries or high damages occur.
2. Filing a claim with your insurer, giving details, and any evidence gathered.
3. Determining liability and evaluating whether permissive use or negligent entrustment applies.
4. Potential civil lawsuits if losses are severe or insurance limits are exceeded.

In Fresno, crash reports may be filed through the Fresno Police Department or the California Highway Patrol, depending on where the accident occurred.

Key Steps to Take After an Accident

Knowing the right actions to take immediately when your vehicle is involved in a collision driven by someone else can strengthen any insurance or legal claims. To stay on track, focus on these essential steps:

1. Check safety first: Call 911 for medical emergencies.
2. File a police report: This creates an official record for insurance and potential litigation.
3. Gather documentation: Collect the other driver’s license, insurance details, and witness contacts. Take photos of the scene.
4. Notify your insurer: Even if the other party seems at fault, timely reporting is crucial.
5. Review your policy: Understand coverage limits, exclusions, and how step-down provisions may affect your case.

Contact a Fresno Car Accident Lawyer for a Free Consultation

At Dhanjan Car Accident and Injury Lawyers of Fresno, we help Fresno individuals to answer, “What happens if someone else is driving my car and gets in an accident in California?” Call us at (559) 342-2000 to schedule a free consultation with a Fresno car accident lawyer. We are ready to review your case, explain your options, and protect your future.