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You love your car. It gives you the freedom to travel wherever you want, whenever you want. But what happens when someone else wants to borrow your vehicle? Can someone drive your car if they are not on your insurance? The answer may surprise you.
At Mueller Schmidt Mulholland & Cooling, we understand the complexities of car insurance policies. We have helped countless Nebraskans navigate the legal implications of letting others drive their vehicles. In this blog post, we will explore the potential risks and consequences of allowing an uninsured driver to get behind the wheel of your car.
Can Someone Else Drive My Car?
The short answer is yes; in most cases, you can let someone else drive your car. It is sometimes a good idea. Before handing over your keys, however, consider the following:
- Is the person a licensed driver?
- Do they have a clean driving record?
- Are they familiar with your vehicle?
- Do you trust them to drive responsibly?
Even if the answer to all these questions is yes, you still face potential legal and financial risks when someone else operates your car. Why? Because when you let another person drive your vehicle, your car insurance typically follows the car, not the driver.
Uninsured Driver Driving Insured Car
Let’s say you let your friend borrow your car for the day. Your friend does not have an auto insurance policy. They unfortunately cause an accident while driving your vehicle. What happens next?
In this scenario, your car insurance is the primary coverage for the accident. Your policy would pay for damages and injuries up to your liability coverage limits. You could be personally responsible for the difference — if the damages exceed your policy maximums.
Can My Son Drive My Car without Being on My Insurance?
Many parents face a dilemma when their teenager gets a driver’s license. You want to give your child the freedom to drive, but adding them to your insurance policy can be expensive. So, can your son drive your car without being on your insurance?
Technically, yes, but it is not advisable. If you lend your car and your son gets into an accident while driving your car, your insurance will still be the primary collision coverage. Because your son is not a named insured on your policy, however, your insurer may deny the claim or charge you higher premiums in the future.
Additionally, if your son is a new or inexperienced driver, he poses a greater risk on the road. For this reason, insurers typically charge higher rates for teenage drivers. Failing to disclose that your son regularly drives your car could be considered insurance fraud.
The best action is to add your son to your car insurance policy when he gets his license. Contact your insurer to add your teenager to your insurance coverage. Some insurers offer discounts for good students or for completing a driver’s education course. You can also raise your deductible or drop optional coverages to offset the cost of adding a teenage driver.
Does My Car Insurance Cover Other Drivers?
The answer to this question depends on your specific policy. Most standard auto insurance policies follow the car, not the driver. If someone else drives your car with your permission, your policy will typically cover them.
Some insurers require you to explicitly list all household members or regular drivers on your policy, however. If you fail to do so and an unlisted driver causes an accident in your car, your insurer may deny the claim.
Excluded Drivers
Sometimes, you may expressly exclude specific individuals from coverage under your car insurance policy. This is known as a named driver exclusion.
For example, let’s say you have a roommate with a poor driving record. You do not want to be liable if they get into an accident while driving your car. You could ask your insurer to add a named driver exclusion to your policy for your roommate.
If your excluded roommate drives your car and causes a crash, your insurance will not cover the damages. The excluded driver would be personally responsible for any injuries or property damage they cause.
Permissive Use
Most car insurance policies include a permissive use clause. If you permit someone to drive your car occasionally, they will be covered under your policy.
Permissive use coverage is not unlimited, however. It typically only applies to infrequent, short-term vehicle use. For example, letting a friend borrow your car for the afternoon falls under permissive use.
Anyone who regularly drives your car, even with your permission to drive, should be listed on your policy. Failing to disclose frequent drivers could give your insurer grounds to deny a claim or cancel your coverage altogether.
Non-Permissive Use
What happens if someone drives your car without your permission? This is known as non-permissive use and is generally not covered by your car insurance policy.
For example, you park your car on the street overnight. Someone breaks into your vehicle and takes it for a joyride, causing an accident. Your insurance would likely not cover the damages because the driver did not have your permission to use your car.
If you elect to add comprehensive coverage to your policy, however, it would likely pay for any damages to your vehicle resulting from the theft. Comprehensive coverage protects against non-collision losses like theft, vandalism, and natural disasters.
The Risks of Letting an Uninsured Driver Use Your Car
While letting a friend or family member borrow your car for a quick errand may seem harmless, doing so can expose you to severe legal and financial risks. If an uninsured driver causes an accident in your vehicle, you could be on the hook for:
- Property damage to other vehicles or structures
- Medical bills for injured parties
- Lost wages and loss of earning capacity for accident victims
- Pain and suffering damages
- Legal fees and court costs
Even if the accident is not your fault, you could still face a lengthy and expensive legal battle. The other parties involved may sue you personally for damages that exceed your insurance coverage limits.
Furthermore, allowing an uninsured driver to use your car could result in elevated insurance premiums or potential cancellation of your policy. Insurers perceive uninsured drivers as high-risk and might increase your rates or terminate your coverage if they discover that you frequently permit uninsured individuals to drive your vehicle.
Contact Mueller Schmidt Mulholland & Cooling for Guidance
If you drive someone else’s car, check with your insurance. For over 56 years, our Omaha car accident attorneys have proudly served individuals and families throughout Nebraska. We understand the stress and uncertainty of a car accident, especially when an uninsured driver is involved. Our knowledgeable legal team will review your case, explain your options, and fight for the compensation you deserve.
Do not let an uninsured driver ruin your financial future. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 for a free, no-obligation consultation. We will travel anywhere in Nebraska to meet with you and discuss your case. Let our firm handle the legal details so you can focus on moving forward.
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