Can I be sued for driving someone else's car and getting into an accident? 38 Answers as of October 24, 2011

It was my fault but no tickets were issued. Me and the owner of the car are being sued. I know their insurance will cover the lawyer for the owner of the car. Where do I stand? I also am insured but not on their car, my own personal vehicle.

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Yes you can be sued. If you were negligent or at fault you can be held liable for the damages. Although if the owner had insurance you should be covered by the owner's insurance.
Answer Applies to: Iowa
Replied: 10/24/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can be sued. You should be covered by both the car owner's insurance, and your own. The insurance will pay for your defense.
Answer Applies to: South Carolina
Replied: 10/24/2011
The Carlile Law Firm, LLP
The Carlile Law Firm, LLP | D. Scott Carlile
You need to tell your insurance company that you have been sued. Your insurance will provide a defense for you. In essence "insurance follows the driver" therefore your insurance may be in play.
Answer Applies to: Texas
Replied: 10/21/2011
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
If you were driving the other person's car with permission of that person you are what is termed a "permissive user" and are covered by the policy on the car you were driving. Your insurance policy comes on top of that as "excess coverage" in case the damages are higher than the limit of the policy on the car you were driving. The insurer of the car you were driving has to provide a lawyer to defend you in the case at no charge to you.
Answer Applies to: Georgia
Replied: 10/21/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Yes you can be sued and found liable if your negligence caused the accident. You should retain a defendant's accident attorney for specific legal advice and direction.
Answer Applies to: Indiana
Replied: 10/21/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
The Plaintiff can sue you because the collision was your fault. It is not relevant that no tickets were issued. If you were using the car with the owner's permission, the owner's insurance will probably cover you, too. It depends on the language of the insurance policy, but that is usually how it is. The owner's insurance will provide the lawyer who will most likely defend you, too. You should speak with the defense attorney about it.
Answer Applies to: Washington
Replied: 10/21/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
If you had permission to drive the car, the owner's insurance should be the primary insurance i.e., it will cover damages to the owner's car and damages caused by it. Your insurance could provide secondary coverage if the owner lacked insurance or his policy doesn't fully cover the damages. In the meantime, contact your insurance company to see how they handle such issues.
Answer Applies to: Georgia
Replied: 10/20/2011
Touchstone Law Firm, LLC
Touchstone Law Firm, LLC | Dmitry David Balannik
The owner's insurance will indemnify you. However, if the owner is insured for $100k and the verdict is for $200k, you can be liable for the difference.
Answer Applies to: District of Columbia
Replied: 10/20/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Since you were driving their car with permission then you will be covered under their period. Don't worry. Make sure they defend you.
Answer Applies to: New York
Replied: 10/20/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
If you were at fault you are a proper party to be sued. Check with the owner to see that you are being represented. If you do not get an answer contact your own attorney to be sure that you have an answer on file.
Answer Applies to: Texas
Replied: 10/20/2011
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If you were driving with the permission of the owner, then you will have coverage under his policy and your policy, if you have one. The owners policy is primary and they will have to pay for your defense attorney and provide coverage up to the amount of their policy.
    Answer Applies to: Connecticut
    Replied: 10/20/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If you had the owner's permission to drive the car or reasonably believed that you had permission, then you are considered an insured under the owner's policy. The owner's insurer will provide an attorney to represent you and cover the damages up to the limits of the policy. You should also inform your insurance company of the suit.
    Answer Applies to: North Carolina
    Replied: 10/20/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Yes you can be sued since you were driving and you are the one who caused the wreck. The insurance on the car(owner's insurance) is primary and it will have to hire an attorney to represent you and pay whatever you owe up to the limits of that policy. In, addition your own insurance would be secondary and owe whatever you owe above what the other insurance company pays up to your limits. You should go ahead and notify your insurance company. Your insurance covers you regardless of whose car you are driving.
    Answer Applies to: Indiana
    Replied: 10/20/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    You will be covered by your friend's carrier or yours, don't worry. Make a claim to both to defend you.
    Answer Applies to: California
    Replied: 10/20/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Report it to your insurance company, as well.
    Answer Applies to: Florida
    Replied: 10/20/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Council Wooten
    You may be covered BY both policiesmake sure both companies are properly notified and demand that each defend and indemnify you-let them sort out the details
    Answer Applies to: Florida
    Replied: 10/20/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You are covered by the owner's insurance since you were driving it with the owner's permission. You should also notify your own insurance company so that they can cover you if the owner's insurer disclaims.
    Answer Applies to: New York
    Replied: 10/20/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You are insured by your policy. Call your company and report the event.
    Answer Applies to: Montana
    Replied: 10/20/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    I believe you will get a defense as well. Be sure to notify your insurance carrier of the accident.
    Answer Applies to: Alabama
    Replied: 10/20/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    As the driver you can be sued no matter who owns the car. Report it to your insurance company and they will handle.
    Answer Applies to: California
    Replied: 10/20/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Yes, you have to be sued because the accident was your fault. As long as you had permission to be driving the vehicle, the car owner's insurance should cover your representation.
    Answer Applies to: Nebraska
    Replied: 10/20/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    You were the driver and you were at fault, so you can be sued for the accident. If you drove the vehicle with the owner's permission, you have insurance coverage from their vehicle and the insurance lawyer should be representing you, too. You should confirm with the insurance lawyer that you are being represented.
    Answer Applies to: Utah
    Replied: 10/20/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you were driving with the permission of the owner, his policy insures your operation of the vehicle. Not to worry. That is his carrier worry.
    Answer Applies to: North Carolina
    Replied: 10/20/2011
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    No worries. You were a permissive driver and are therefore covered by the owner's policy.
    Answer Applies to: Illinois
    Replied: 10/20/2011
    Law Office of Neil M. Kerstein
    Law Office of Neil M. Kerstein | Neil M. Kerstein
    You should contact your own insurance company tell them you are being sued.
    Answer Applies to: Massachusetts
    Replied: 10/20/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I thin you should contact your carrier or at least an insurance defence attorney. Especially if it appears that damages may exceed $25,000.00. Counsel may cost you a few hundred to look t the case and provide a suggestion. Lots cheaper than finding out the hard way that you needed an attorney. I expect counsel provided by your friend's carrier is only representing him/her.
    Answer Applies to: California
    Replied: 10/20/2011
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    If you were driving, you WILL be sued. However, the owner's insurance or yours will provide you with an attorney, and should pay damages if they are awarded against you.
    Answer Applies to: Missouri
    Replied: 10/20/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    Generally, if you are driving someone's car with their permission, you are covered by the owner's policy.
    Answer Applies to: Indiana
    Replied: 10/20/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    As long as you had permission to drive the vehicle, your friend's insurance company will defend you as well. However, if the plaintiff is looking for more money than the insurance coverage, you should definitely let your insurance carrier know. They may want to go after your policy as well. You have an obligation to inform your company of a potential case against you within a reasonable time. Either way, the insurance companies will take care of your interests here and defend you for free.
    Answer Applies to: Massachusetts
    Replied: 10/20/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Insurance goes with the car, but fault goes with the driver. You will be covered by the owner's policy up to the policy limits, and then your insurance is secondary coverage up to your own liability limits. If it goes beyond that, you are personally responsible. Make sure your insurer knows about the collision. You have a duty under the policy to inform them even if you don't think you'll need to coverage.
    Answer Applies to: Washington
    Replied: 10/20/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You can be sued anytime you are at fault for injuring someone. The question you have is insurance coverage and counsel. Most likely, the owner's insurance company will provide you with an attorney, if not, your insurance company will. Don't sweat it, you'll have an attorney either way and insurance coverage with it. Drive carefully and remember to tell the truth when asked "Is this your fault?" It will make this a lot easier for you and your friend.
    Answer Applies to: New York
    Replied: 10/20/2011
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    If you were driving with the express or implied permission of your friend, his insurance should cover you and provide a lawyer. If the value of the claim may exceed your friend's policy limits, your policy may also apply. If your friend's insurer does not help you, contact your own insurance company. Also, remember to file an accident form with the DMV.
    Answer Applies to: California
    Replied: 10/20/2011
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