If you let a friend or family member borrow your car, the last thing you expect is that they will get into an accident. Yet, car accidents can happen unexpectedly, whether you are driving or someone else is behind the wheel. Determining liability when another person is driving your vehicle can be confusing, and multiple factors can influence who is responsible for the damages.
If your friend or family member was involved in a car accident while driving your car, it is highly recommended to contact an experienced car accident lawyer. They can review the details of the accident, determine fault, and protect you from unfair liability.
What Factors Determine Who Pays for Damages?
Who is responsible for paying damages depends on several factors. Generally, the person who caused the accident is liable, but in some cases, others—including the vehicle owner—may also be responsible. Examples include:
- Permissive use by a licensed driver. If you gave a friend or family member permission to borrow your car, your auto insurance will typically cover the damages. Most Virginia insurance policies extend coverage to anyone who has your permission to drive the vehicle. However, if the driver is expressly excluded from your policy, your insurance may not cover the accident, leaving you responsible for costs.
- Unlicensed or impaired drivers. If you knowingly let someone drive your car without a valid license or under the influence of drugs or alcohol, you may be liable for any resulting damages. You could also face legal consequences for permitting an unlicensed or impaired driver to operate your vehicle.
- Negligent entrustment. Virginia law recognizes negligent entrustment, meaning a car owner can be held liable if they allow someone to drive their vehicle who they know is incompetent, reckless, or unlicensed. For example, lending your car to an unlicensed teenager or someone with a history of reckless driving could make you responsible for damages resulting from an accident.
- Damages exceeding insurance limits. If the damages surpass your insurance coverage or the borrower lacks their own insurance, you may be required to pay the difference out of pocket.
How Do I Prove That the Other Driver Was at Fault?
To establish that another driver—not the person borrowing your car—was responsible, you must prove negligence by demonstrating four elements:
- Duty of Care: All drivers are required to operate their vehicles safely and follow traffic laws.
- Breach of Duty: If the other driver failed to follow traffic laws or drove recklessly—such as speeding, distracted driving, or driving under the influence—they breached their duty of care.
- Causation: The other driver’s actions directly caused the accident.
- Damages: You or the person driving your car suffered economic or non-economic losses, such as medical bills, lost wages, or property damage.
Evidence to support fault may include police reports, photographs, eyewitness testimony, dashcam or surveillance footage, and expert accident reconstruction.
Steps to Protect Yourself When Lending Your Car
The only guaranteed way to avoid liability is to never let anyone else drive your car. However, that may not always be practical. To reduce your risk of liability when lending your vehicle in Virginia:
- Ensure the driver has a valid Virginia driver’s license and a safe driving record.
- Avoid lending your car to anyone under the influence of alcohol or drugs.
- Review your insurance policy to understand coverage, exclusions, and limitations.
- Consider driving the person yourself instead of letting them borrow your car, when possible.
Virginia Beach Car Accident Lawyers at Anchor Legal®
If someone was involved in a car accident while driving your car, contact the Virginia Beach car accident lawyers at Anchor Legal®. Our experienced attorneys will review the circumstances, determine liability, and recommend the best legal strategy to protect your rights and minimize liability. To schedule a free consultation, call 757-LAW-0000 or contact us online. Our Virginia Beach office serves clients throughout Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and the Eastern Shore.