As a parent, it is normal to be worried about the safety of our kids when they’re behind the wheel. This is why you need to teach them to be responsible drivers; that way, you can be sure that they’ll drive safely. Nevertheless, mistakes do happen; for instance, your child may borrow a friend’s car and get into an accident probably because they don’t have experience driving such a car. If this happens to your son, it’s necessary to stay calm and contact a professional lawyer like those at Aronfeld Trial Lawyers. They’ll help you carefully analyze the situation and enlighten you about your legal rights in this situation.
In addition, you should also be aware of responsibilities, insurance coverage, and many more. All these and more are what we’ll discuss in this post so that you can take the right steps if you’re faced with this type of situation.
Who’s Liable For The Damages
Generally, the person driving the car at the time of the accident will be held liable for the damages and injuries caused by accident. However, this can change depending on the circumstances surrounding the accident. For instance, if the car owner gave permission for your son to drive the car knowing full well that he’s still a novice behind the wheel, then the car owner may also be held liable for any damage or injuries that occur. In a case like this, the car owner will be held liable for negligent entrustment. In simple terms, negligent entrustment of motor vehicles refers to a charge brought against the car owner for lending their car to an incompetent driver.
Also, if the car had a mechanical issue before it was given to your son to drive, the car owner may be liable for the damages. For example, if the car has a steering wheel problem or a faulty brake that could potentially cause an accident, the car owner could be held responsible for failing to keep their vehicle in good condition.
In some cases, multiple parties, the driver, car owner, and third party involved in the accident, may all be held liable for the damages caused by accident.
Insurance Coverage
Insurance coverage is an important aspect to consider when anybody borrows someone’s car and gets into an accident. Typically, the car owner’s insurance will be the primary coverage for any damage or injuries that occur. However, there are a few things to keep in mind when it comes to insurance coverage in this situation.
Firstly, if the cost of the damages is so high that it completely exhausts the car owner’s insurance coverage, your son’s driver’s liability insurance will cover the rest of the damages. But, if the car owner denies granting permission for your son to drive their car and shows proof of their point, they might not be held liable for the damages. In a case like this, the car owner’s insurance company will not pay for the damages, and the driver will cover all the costs of the compensation. If your son’s driver’s liability insurance isn’t enough to cover the compensation, the parent’s umbrella insurance plan can cover the rest of the compensation.
Steps to Take After The Accident
If your son borrows a friend’s car and gets into an accident, there are a few steps that you should take promptly to protect yourself and your family. These steps are important to ensure that you are able to handle the situation in the best way possible, as well as minimize any potential legal or financial consequences.
Step One: Contact and report to the police
Immediately you hear about the accident, make sure to report it to the police. This will ensure that a police report is filed, which will significantly help your insurance claim processing.
Step Two: Exchange contact
The next step is to exchange contact and insurance information with the other parties involved in the accident. You can ask your son to get this information or get it personally if it’s possible to get to the accident scene. Either way, make sure to get the other parties’ contact addresses, names, driver’s license details, and every relevant information. This will allow you to contact the other driver(s) later on, if needed, and to provide their information to the insurance company
Step Three: Take photos
Thirdly, take photos of the damage to the car(s) involved in the accident. These photos will be useful in providing evidence of the extent of the damage to the insurance company.
Step Four: Contact your insurance company and your lawyer
If your son has liability insurance coverage, make sure to contact the insurance company. Also, contact your own insurance company and provide them with the necessary information
Finally, it’s best to contact your lawyer first before reaching out to insurance companies, as lawyers are more knowledgeable when it comes to handling the complex procedures of insurance companies. Also, your lawyer will help you make informed decisions and potentially save you from financial loss.
