Most car owners loan their vehicles out to family members or close friends at least once in their lives. There’s nothing illegal about this, as long as the borrower is a licensed Arizona driver. Sometimes accidents occur involving your vehicle when you’re not in it. So who’s liable for the resulting damages?
Since you’re the vehicle’s owner are you on the hook or does fault fall on the person who borrowed your car? Sometimes, determining liability in an AZ borrowed car accident is more than a little complex so here’s what every driver should know.
What to Do If Your Stolen Vehicle is Involved in an Accident
Whether you’re calling Arizona or another state home, you’ll follow the same steps if your borrowed vehicle causes an accident.
Calling the police and reporting the accident isn’t a suggestion, it’s a necessity. If you don’t report the accident, it’s pretty much like it never occurred. This means you’re probably going to be liable for damages if the vehicle ends up in an accident even if you’re not even in the car.
Your police report is also something your insurance provider is going to request. You typically can’t start recovering compensation for your borrowed car until you have the police report. After reporting the accident to the police, contact your insurance provider.
Become Great At Saving All Records and Other Documentation
You’re trying to prove you’re not liable for any damages caused by your vehicle. Remember, you let someone borrow your car. This means keeping excellent records and even turning into a bit of a pack rat.
Along with hanging onto a copy of the accident report, you should plan on keeping records of all communications. This includes communications between you and the authorities, along with the insurance adjuster, and any attorneys including your own. You also want to save any communications between yourself and the individual who borrowed your car.
If possible, try to make it to the accident scene. Take pictures of the damage to your borrowed vehicle. Find out if any injuries are present. The more information you have, the easier it is to show you’re not liable for the accident.
How Is Fault Established in a Borrowed Vehicle Accident Claim?
Before we dive into establishing fault, it helps to know Arizona is a pure comparative negligence state. Only about 12 states follow pure comparative negligence guidelines, including Arizona, so it’s a good idea to check your local statutes.
What pure comparative negligence means is you can still file an injury claim even if you’re 99% responsible for causing the accident. Yep, this means the person who borrowed your car may even be able to recover compensation for some of the damages:
- Regardless of whether or not the vehicle is borrowed, the steps for establishing fault stay the same.
- The accident scene is investigated. The authorities will look at the vehicles’ positions, review any camera footage, and interview witnesses.
- All information gathered at the accident scene is presented to a judge and/or jury.
- The court assigns a percentage of blame to all involved parties. You can be assigned anywhere from 0% up to 100% of the blame.
If you’re the owner of the vehicle and you filled out an accident report, you probably don’t need to worry about being assessed for fault. You can focus on either recovering your borrowed vehicle from the authorities or moving forward with your property damage claim. Depending on the situation, you may be tackling both.
Anyone injured by the person driving your vehicle may also be found partially liable for the accident. Simply because the vehicle’s not in its owner’s hands doesn’t excuse any reckless behavior you may have engaged in that contributed to the accident. Here’s a quick example.
You’re speeding and the driver of the borrowed vehicle runs a red light. Since you and the other driver are violating traffic laws, you’re both liable for the damages. Yep, this probably means your potential compensation is going to be impacted. Your settlement will be reduced by your assigned percentage of fault.
Will Insurance Cover My Damages in an Arizona Borrowed Car Accident?
There isn’t an easy answer to this question. You’re going to need to break out your auto insurance policy. If you’re the owner of the borrowed vehicle, the damages are usually covered if you have comprehensive insurance. Also known as full coverage, this type of auto insurance usually covers damage to your vehicle.
Once again, you’re going to need your police accident report to start the claim process. If you’re only carrying liability insurance, you’re probably on the hook for any damage to your vehicle. Liability auto insurance only covers damage you may cause to someone else’s vehicle.
The answer is just as convoluted if you’re injured in an accident with a borrowed vehicle. You can’t file a claim against the vehicle’s owner. The defendant in your injury claim is the other driver, in this case, the individual who borrowed the car. Yep, this confuses things.
If you have comprehensive auto coverage, it’s probably what’s going to pay for your damages. Even though auto insurance doesn’t cover anything other than vehicle damage, some of your medical costs may also be taken care of.
If you have PIP (personal injury protection) insurance, up to 80% of your medical expenses are usually covered or up to the policy’s cap. PIP can also take care of some of your lost income, once again up to 80%. This is better than nothing since your other option is filing a lawsuit against the individual who borrowed the vehicle.
Should I Have Legal Representation in a Borrowed Vehicle Accident Claim?
This is one of those questions with a pretty simple answer. Most of the time it’s a good idea to consult with an accident attorney if you’re injured in an accident involving a borrowed vehicle. This even goes for the vehicle’s owner. Consulting with an Arizona personal injury attorney can help ensure you’re not liable for any damages your borrowed car may cause.