When many people think of car accident injury claims, they usually think that the at-fault driver is the one against whom the claim is filed, and their auto insurance carrier will ultimately be responsible for paying the claim, whether through a settlement or a lawsuit. But what happens if the at-fault driver was not driving their own vehicle when the accident happened? What if the vehicle was borrowed? Who is responsible then?
If you have been injured in a car accident where the driver who caused the crash does not own the car, a Norfolk car accident attorney can work with you and determine what legal options you have for pursuing damages for your injuries.
Who Pays?
In most cases, the actual owner of the vehicle’s auto insurance company will be responsible for damages. One such example would be if the person who caused the crash borrowed the vehicle from a friend of theirs. However, there are some circumstances where your attorney will need to pursue the claim differently. These include:
The At-Fault Driver Borrowed the Vehicle from a Person Who Lives in the Same Household
If the vehicle owner has the at-fault driver listed as a covered driver on their insurance company, then the owner’s auto insurance will pay. However, if the at-fault driver is excluded, the insurance company is not responsible for the damages. You will likely have to file the claim with your own insurance company. Your Norfolk accident attorney may also recommend filing a lawsuit against the vehicle’s owner for negligent entrustment.
The At-Fault Driver Borrowed a Vehicle, and the Owner of the Vehicle Has No Insurance
If the driver of the vehicle happens to have their own insured vehicle, then your attorney can pursue a claim against that insurance policy. Any time your financial losses exceed their insurance policy limits, you may be able to file a claim with your insurance policy under your underinsured motorist clause.
The At-Fault Driver Was Driving a Vehicle They Rented
In cases where the driver who caused the crash was operating a rented vehicle, your attorney will likely file a claim against the driver’s own personal vehicle insurance policy. In most cases, the Graves Amendment, a federal law passed in 2005, protects the rental company from being sued.
Contact Our Personal Injury Law Firm for Legal Assistance
Our Norfolk car accident attorneys understand that when a person is injured in a car accident, it can often be a confusing and overwhelming time. Not only are you dealing with the pain and recovery of the injuries, but you also may be dealing with financial issues, worried about how you will pay the medical bills for your treatment and the income you are losing from being unable to work.
If you or a loved one suffered injuries in a car accident, contact Shapiro, Washburn & Sharp to schedule a free consultation and find out what legal recourse you may have for financial compensation for the losses resulting from those injuries. Our firm is dedicated to getting our clients the financial compensation they deserve, which is why our attorneys have recovered more than $100 million in settlements and verdicts.
For your convenience, we have offices in Virginia Beach, Norfolk, Hampton, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.
