Suppose you have been physically or psychologically injured in a road or car accident when someone else was driving your car. In that case, compensation claim eligibility depends on who was at fault. All road users have compulsory third-party insurance, which means you can make a personal injury claim against a CTP insurance policy when a passenger or another person crashes your vehicle, and they are the at-fault party.
Splatt Lawyers provides a free case review that can explain your legal rights for car insurance claims when a family member or friend crashes your car. All our legal services are 100% no-win, no-fee. Call 1800 700 125
How Do I Know Who Was Negligent When My Car Was Damaged?
If someone receives a traffic infringement notice for the collision that damaged your car, they will likely be the negligent driver. You should also take note of whether someone apologises for the accident. Saying sorry is another way of admitting liability.
The circumstances of an accident will help determine who is liable. You can read more about determining who is at fault in a car accident here.
What If a Friend or Family Member Crashed My Car?
If a friend or family member were driving your car when involved in a motor vehicle accident, they could not make an injury claim against you or themselves if they were the at-fault driver. However, if the other car’s driver was negligent and occupants of your vehicle were injured, you could have the right to claim against the CTP insurer of the at-fault driver.
A compensation payment will be reduced if your friend or a family member has contributory negligence. In this case, they will be awarded a percentage contribution for the road accident if they have partial fault for the collision and the injuries.
For example, if you were not wearing a seatbelt during a motor vehicle accident, you could have a 25% liability contribution.
When a friend or family member is prosecuted for drunk or drugged driving, they could be awarded a 50% negligence contribution, regardless of your awareness of their condition at the time.
Liability and Coverage When Someone Else Crashes Your Car in a Car Accident
How Comprehensive Insurance Influences Liability with An Insurance Company
When someone else crashes your car in Australia, it’s crucial to understand how your car insurance policy affects liability. Often, comprehensive insurance covers vehicle damage, but various factors determine if coverage applies, such as:
• Whether the driver is unlisted
• Or considered a secondary driver
Auto insurance typically covers damages to your vehicle, but the specifics can vary based on the policy and the driver’s status. While third-party insurance (CTP) covers damage to other vehicles and injuries, it doesn’t extend to cover damage to your own car. Hence, having a robust auto insurance policy can prevent unexpected financial burdens in such situations.
For example, if a friend crashes your car without being listed in your policy, or if they’re a younger driver, some insurers may apply an additional excess. Reviewing your policy terms regarding unlisted drivers and setting clear guidelines for borrowing can prevent costly mistakes. Furthermore, a comprehensive insurance policy can include options like a replacement vehicle when your own car becomes unusable, which can save you money following a motor vehicle accident.
Legal Responsibility: Are You Liable?
You must understand legal liability when others are driving your car. That’s because you can be held financially responsible for property damage caused by an unlisted driver. The insurer might deny your claim if the person is found to be the at-fault driver or engaged in non-permissive use (e.g., using the vehicle without explicit permission). Additionally, accidents involving intoxication or suspended licences typically result in claim denial by an insurance company.
If you allow a family member or friend to borrow your car and are involved in an accident, ensure they are covered under your car insurance policy. If there is an accident, obtaining detailed information about the other driver is required to make an insurance claim.
In at-fault accidents where the driver was negligent, they might also face legal consequences for the financial implications. For example, if a friend drives while under the influence and crashes your car, they would be liable and could face severe penalties, including heavy fines or prosecution.
How to Minimise Financial Risks in a Car Accident
To minimise these risks, regularly update your insurance policy to reflect regular drivers and consider adding secondary coverage to extend protection to occasional users. When someone else borrows your car:
- Clarify the circumstances under which they are allowed to drive
- And assess their qualifications or driving history
Doing this could avoid hefty repair bills, higher premiums, or outright claim rejections.
If an accident does happen, contact your insurer immediately and provide details such as photos, witness statements, and the at-fault driver’s information. With these details, the insurance claim process will be smoother, and you’ll have a clearer idea of the compensation you can expect based on your policy coverage.
Legal Advice When Someone Crashes Your Car.
When someone else causes damage to your vehicle in an accident, you may consider taking legal action. If you have been physically or mentally harmed, the claim is against an insurance company, not your loved one.
Understanding who is liable and what to do next can be challenging. Our accident lawyers can explain your legal options during a free case review. Call 1800 700 125.
Someone Else Crashed My Car FAQs
If someone else crashes my car, is it covered by my insurance?
Your insurance may cover drivers who crash your car if you have comprehensive car insurance, but it depends on the driver and policy terms. If the person driving your car is not listed or is considered an unlisted driver, your insurer might require you to pay an additional excess or might not cover it at all. Always check your insurance policy to confirm coverage.
Am I liable if someone else crashes my car?
If someone else causes an accident while driving your car, you might still bear some financial or legal responsibility, depending on your insurance coverage and whether the driver was authorised to use your vehicle. Your insurer may have limited coverage for non-permissive use or if the driver violated policy terms (e.g., intoxicated driving).
What if someone else crashes my car without permission?
It is considered a non-permissive use when someone takes and crashes your car without permission. In such cases, your insurance company might deny the claim, and you may need to pursue legal action against the unauthorised driver to cover the costs. Your auto insurance policy terms should specify how non-permissive use is handled.
What if a friend crashes my car and is at fault?
If your friend is the at-fault driver in a car crash, they cannot make an insurance claim against your CTP insurance for their injuries. However, if another motorist is found negligent, you may claim against the other party’s insurer for property damage and injuries to passengers in your car.
Do I need to add additional drivers to my auto insurance policy?
Yes, adding regular drivers to your policy is recommended, especially for younger drivers or anyone who frequently drives your vehicle. This can help avoid an additional excess or outright claim rejection. Policies often have specific requirements for covering other drivers, including listing them explicitly or paying a higher premium.