What Happens In Florida When You Let Someone Else Drive Your Car, And They Get In An Accident?
September 6, 2024 | Sagi Shaked | Car Accidents
Lending your car to a friend or family member seems harmless, but accidents can happen. If someone else is driving your car and gets into a motor vehicle accident, your insurance policy will likely be the first to respond. Understanding the complexities of such situations can be overwhelming.
The experienced Miami car accident lawyers at Shaked Law Personal Injury Lawyers are ready to step in and help you navigate the potential implications and protect your rights.
Florida’s No-Fault Insurance System
Florida operates under a no-fault insurance system. This means that if you are injured in a car accident, your insurance will generally cover your medical expenses regardless of who was at fault. This is primarily covered under Personal Injury Protection (PIP) insurance, which Florida requires all drivers to have. PIP coverage extends to the driver of your vehicle if they are involved in an accident, whether they are at fault or not.
However, PIP does not cover property damage or liability for injuries caused to others. This is why Florida also requires drivers to carry Property Damage Liability (PDL) insurance, which will pay for some damage to another person’s property caused by you or someone else driving your car.
What Happens If Someone Gets into An Accident with My Car in Miami But Doesn’t Have Insurance?
In Florida, auto insurance generally follows the vehicle rather than the driver. This is why it is called car insurance, not driver insurance. It is also why letting someone else drive your car can have consequences if they are involved in an accident. If someone else is driving your car and they cause an accident, your insurance policy will likely be the first to cover any damages.
However, if the damages exceed your policy limits, and the driver does not have their own insurance, you could be left to cover the remaining costs out of pocket. This could include costs for property damage, medical expenses, and potential legal fees if the accident leads to a lawsuit. Other impacts from a car accident include increased insurance premiums, especially if the injuries or property damage is severe.
Factors That Might Impact Coverage for Car Accidents in Miami, FL
Several factors could impact how your insurance covers a car accident in Miami when someone else was behind the wheel of your car. Some of these include:
Permissive Use
Most insurance policies will cover someone driving your car so long as they have your permission. This is called permissive use. Permissive use typically applies to occasional drivers, such as your friends or relatives, who may use it infrequently. If the person driving your car is a household member or uses it regularly, they should generally be listed on your policy.
Excluded Driver
Florida law allows insurance policies to designate expressly excluded drivers. These people have explicitly been excluded from coverage under your policy and will not be insured to drive your vehicle. A claim will likely be denied if they are involved in an accident with your car. This can leave you financially liable for costs associated with the accident, including property damage, medical bills, and legal fees.
Driver’s Insurance
Your policy will typically be called on first to cover damages after a car accident. However, if someone else is driving your car, their own insurance may provide secondary coverage if the damages exceed your policy limits. However, the amount of coverage, if any, will depend on the specifics of the accident and the terms of their insurance policy.
Contact a Florida personal injury lawyer if you have questions or concerns about factors that might influence insurance coverage.
Can You Insure Someone Else’s Car?
You can generally only insure a vehicle if you have an “insurable interest” in it. This means you have an ownership interest in the car or would suffer a financial loss if the car were damaged or destroyed.
Involved in A Car Accident? Speak with A Miami Car Accident Lawyer
If someone else has been involved in an accident while driving your car, it is important to understand the potential implications. If you, a loved one, or the driver of your vehicle were injured in an accident, speak with a Miami car accident lawyer about protecting your rights and pursuing potential compensation. They’ll be able to help you navigate insurance claims and fight for fair compensation for any damages. Schedule a free consultation today.
Contact Our Car Accident Law Firm in Miami, FL
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami car accident lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191