Allowing a friend or family member to drive your car may seem like a harmless, helpful act. On many occasions, it is, but if that friend or family member is involved in a collision, you could face the legal consequences. Your responsibilities following such a situation will vary depending on the nature of the accident, the laws in your home state, and your insurance coverage.
No-Fault vs. At-Fault
Kentucky is a “no-fault” state, meaning it is not necessary to prove who is at fault for a car accident in order to recover compensation. Every driver has their own insurance policy that provides benefits to them following a collision. This differs from the “at-fault” laws of other states, in which insurance coverage is in place to compensate other drivers if they are injured in an accident — in these states, causing a collision could result in your insurance company paying the victim’s expenses.
When Another Driver is Responsible
If the other driver is responsible for an accident that occurs in an at-fault state, the person who is driving your car won’t necessarily matter. The other driver’s insurance company will have to pay damages because their policyholder caused the collision.
When the Person Driving Your Car is Responsible
The question of liability can become a little more complex if the person driving your car caused the accident, or if the accident occurred in a no-fault state. In these situations, does the burden of liability and compensation fall on the driver, or the policyholder?
Usually, the person who owns the car and its insurance policy will be responsible for the majority of the damages. If your policy is not sufficient to cover the full extent of the damages, the insurance of the person driving could make up the difference.
At Goeing Goeing & McQuinn PLLC, our attorneys represent the victims of car accidents throughout the state of Kentucky. We are available to answer the questions you have about your collision case.
Schedule a free consultation with our team by calling (859) 253-0088, or by using our contact form.