What Should You Do If Hit While Driving Someone Else’s Car In Florida 

August 14, 2024 | Sagi Shaked | Car Accidents

All car accidents are stressful, and it can be overwhelming dealing with damages and injuries after your crash. However, the process is particularly difficult if you’re hit while driving someone else’s car. 

In these situations, it’s hard to know whose insurance is responsible and where to file a claim. To help with this process, here’s an overview of who is responsible for damages when the car owner is not driving during an accident. In addition, we’ve shared what to do if you’re hit while driving someone else’s car in Florida. 

Florida Car Insurance Laws 

Florida is one of 12 states that follows a “no-fault” approach to car insurance. This means that each driver’s insurance covers damage to their vehicle after an accident, regardless of who was responsible for the wreck. 

This can create confusion if the policyholder is not driving the car at the time of the accident. However, the general rule is that insurance follows the car and not the driver. 

Under this approach, the car owner’s insurance will cover damage to the vehicle regardless of whether or not the owner was driving the vehicle. This means that if you’re hit while driving someone else’s car, you should first file a claim with the vehicle owner’s insurance company. 

Who Is Liable for Damages When You’re Hit While Driving Someone Else’s Car? 

If the damages in an accident exceed the value of the owner’s car insurance policy, your policy could serve as additional coverage. This will depend on the terms of the policy and the facts of the case. If your damages exceed the value of applicable insurance policies, it could be necessary to file a personal injury lawsuit against the at-fault party. 

It’s also helpful to understand the car owner’s liability if you’re at fault in an accident. Florida’s Dangerous Instrumentality Doctrine states that car owners are responsible for any damages caused by their vehicle regardless of who is driving as long as the driver has permission to use the vehicle. 

Generally, a person is considered to have permission to drive a vehicle if the person is: 

• A member of the car owner’s household
• Specifically listed on the car insurance policy as a covered driver
• Explicitly given permission to use the car by the car owner

This means that even if you’re at fault in an accident, the car owner is likely liable for any damages as long as you have permission to use the vehicle. 

Steps to Take After You’re Hit Driving Someone Else’s Car

If you’re hit while driving someone else’s car, you should: 

• Get medical attention. Your priority after an accident should be ensuring everyone involved gets the medical attention they need. Even if you don’t think you’re injured, it’s a good idea to get checked out after an accident to ensure you’re okay. 
• Exchange contact information with everyone involved in the accident. This includes getting their name, contact information, and insurance information. 
• Take photos and videos of the accident scene to help provide evidence of what happened. 
• Get the name and contact information of any eyewitnesses. 
• Contact the car owner and let them know about the accident. 
• Contact the car owner’s insurance company and provide them with all available information about the accident. 
• Contact a personal injury lawyer to discuss your claims and how to get compensation for all of your injuries. 

A Car Accident Lawyer Can Help After a Crash When You’re Driving Someone Else’s Car

Dealing with damages can be complicated if you’re in a car accident while driving someone else’s car. In some situations, they involve filing claims with the car owner’s insurance company, your own insurance company, and the at-fault party’s insurance company. 

Dealing with different companies and claims is stressful and time-consuming. A Florida personal injury lawyer can help you navigate this process and determine what steps to take to ensure you get the compensation you deserve. Suppose you’re involved in an accident in someone else’s car. In that case, it’s always a good idea to consult with a car accident attorney to ensure all parties are protected and fairly compensated. 

If you’ve been hit while driving someone else’s car in Miami, a car accident lawyer can help. They’ll analyze your case, discuss your rights, and come up with a plan to help you get the compensation you need after an accident. 

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