What Happens if Someone Else Is Driving My Car and Gets in an Accident?
July 21, 2023
Car accidents are stressful, but what if you were not driving your own vehicle? If you find yourself in the aftermath of a car accident where someone else was driving your car, you may be wondering what your legal rights and responsibilities are.
What Are Some Relevant Laws?
Nevada’s laws surrounding car accidents can be quite specific, especially when it involves a borrowed car.
In general, if another individual was driving your car and caused an accident, you may bear liability for the resulting damages or injuries. This is mainly because car insurance policies in Nevada usually cover the vehicle itself, not specifically the driver. However, certain exceptions do exist.
For instance, if the individual driving your vehicle was an employee or agent operating under your direction, you might be held accountable for their actions. This falls under the legal doctrine of ” respondeat superior,” a principle that makes employers liable for their employees’ actions performed during their employment. If the driver was a family member residing with you, they could potentially be covered under your insurance policy as well.
Conversely, if the individual operating your vehicle did so without your authorization, you might not be held accountable for any damages or injuries incurred. A clear example is if your car was stolen and subsequently involved in an accident, under Nevada law, you wouldn’t be responsible for any damages or injuries resulting from that incident.
As always, due to the complexities and nuances of these laws, it is advisable to consult with a legal professional experienced in Nevada’s traffic and insurance laws to better understand your rights and liabilities.
What Should I Do If Someone Else Is Driving My Car and Gets in an Accident?
If someone else was driving your car and got into an accident, there are several steps you should take to protect yourself legally and financially. These include:
1. Contact the police: If the accident is serious, you should call the police immediately. They will document the accident and create an official report, which can be useful in any legal proceedings that may follow.
2. Exchange information: Make sure to exchange contact and insurance information with the other driver involved in the accident. This will be important if you need to file a claim with your insurance company.
3. Notify your insurance company: Even if someone else was driving your car at the time of the accident, you should still notify your insurance company as soon as possible. They will be able to advise you on your legal rights and responsibilities, and help you file a claim if necessary.
4. Consult with an experienced lawyer: If the accident was serious or resulted in significant damages or injuries, it’s a good idea to consult with an experienced lawyer. They can help you navigate the legal process and ensure that your rights are protected.
How Big of a Lawsuit Could I Face?
The amount of a lawsuit for a car accident case can vary widely depending on a number of factors, including the severity of the accident, the extent of the damages or injuries, and the insurance policies involved. In general, however, you may be able to recover damages for:
1. Medical expenses: This includes any medical bills incurred as a result of the accident, as well as any future medical expenses incurred as a result of injuries.
2. Lost wages: If the victim was unable to work as a result of the accident, they may be able to recover lost wages.
3. Pain and suffering: This includes compensation for any physical or emotional pain and suffering experienced as a result of the accident.
4. Property damage: If your car was damaged in the accident, you may be able to recover the cost of repairs or the value of your car if it was totaled.
Keep in mind that amounts can significantly differ based on the unique factors of your case. A seasoned attorney can offer invaluable insight into what constitutes a reasonable settlement, guided by the specific details of your situation.
How Can an Experienced Lawyer Help?
If someone else was driving your car and got into an accident, an experienced lawyer can help you navigate the legal process and ensure that your rights are protected. They can:
1. Advise you on your legal rights and responsibilities: A lawyer can help you understand the laws surrounding car accidents and determine what your legal rights and responsibilities are.
2. Negotiate with insurance companies: Insurance companies are often more willing to negotiate with a lawyer than with an individual. A lawyer can help you negotiate a fair settlement with the insurance company.
3. Represent you in court: If your case goes to court, a lawyer can represent you and advocate for your rights.
4. Help you recover damages: A lawyer can help you recover damages for medical expenses, lost wages, pain and suffering, and property damage.
If someone else was driving your car and got into an accident, call High Stakes Injury Law at (702) 707-5934 for a free case evaluation. By following the steps outlined above and consulting with an experienced lawyer, you can protect yourself legally and financially and ensure that your rights are protected.
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I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
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Dealing With The Insurance Company
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Special Considerations in Specific Types of Cases