Can I Sue My Friend for Crashing My Car?
cartwrightlaw - October 24, 2023 -
Crashing your vehicle is unpleasant and stressful enough, but what happens when it’s not you behind the wheel? If your friend borrowed your car and caused an accident, it is essential to know the potential consequences.
While it may seem harmless to let friends or family members borrow your car, it can present challenging legal issues if they get into an accident while driving your vehicle. The added stress of pursuing legal action against a friend or family member can make the situation even more complicated.
Understanding the laws and procedures surrounding car accidents involving borrowed vehicles is crucial to ensuring your legal rights and financial interests are protected.
At The Cartwright Law Firm, our team of experienced car accident attorneys can help you understand your legal options and help you navigate the legal process every step of the way. Contact us today to schedule a free, personalized case consultation.
Your Friend Caused the Car Accident
California Civil Code 1714 outlines that a party at fault for a car accident can be held responsible for damages and, therefore, establishes an injured person’s right to seek compensation. However, this is rarely done by suing a defendant personally in civil court. To seek compensation for damages from an accident, the first step is to file a claim against the auto insurance policy.
In California, your auto insurance policy continues to cover your vehicle even if you are not driving it. Therefore, your auto insurance policy would cover the damages and injuries resulting from an accident that your friend caused while driving your vehicle.
If your friend does not have their own auto insurance, your policy will be the primary coverage for the accident. This means that your insurance company will cover the costs associated with the collision, including repairs, medical expenses, and legal fees if any legal action is taken.
If your friend has their own auto insurance, both your and their auto insurance policies will be used to cover the damages. Your friend’s insurance would be secondary coverage, and it would only start compensating for damages after your policy limits are exhausted.
Your Friend Did Not Cause the Car Accident
The party that caused the accident will bear the burden of liability and be responsible for any resulting damages.
To seek compensation for injuries or your vehicle’s property damage, you would pursue a claim through the at-fault party’s auto insurance carrier. As an involved vehicle, you can also use your auto insurance policy if the at-fault vehicle does not have proper coverage or enough coverage to cover all damages.
It is important to consult with an experienced attorney to determine who is liable in the case of a car accident and to ensure that your legal rights are protected.
Common Misconceptions About Car Accident Cases
Car accident cases can quickly become complicated, and there are several misconceptions surrounding them that can often leave people confused and overwhelmed.
- Myth: You can sue anyone involved in the accident for your financial damages.
- True: You must prove that another party was at fault for the accident and that their negligence caused your injuries or property damage.
- Myth: Filing a claim or lawsuit means you will receive compensation.
- True: Not all claims are viable, and even strong claims can take weeks, months, or even years to resolve. In some cases, insurance companies may try to delay payment to reduce expenses, even if they are aware that their driver was at fault.
- Myth: If the other driver does not have sufficient insurance to cover your expenses, you can sue them personally.
- True: While there are some unique circumstances where you can sue a defendant personally, oftentimes, defendants who do not have proper auto insurance also do not have the assets to pay a judgment against them.
- Myth: A claim and a lawsuit are the same.
- Truth: A claim is only against an insurance company, while a lawsuit is an escalation of a claim and can be against the insurance company and the defendants personally.
Claim Vs. Lawsuit
A common misconception is that seeking compensation for damages from an accident means that you will be suing someone. However, this is rarely the case.
An insurance claim is typically the first step, in which the injured party files a claim with the liable party’s auto insurance carrier. Then, you negotiate with the insurance company to settle the matter outside of court. The insurance company will conduct an investigation to assess the validity of the claim, after which they may offer a settlement amount that you can either accept or reject.
If you, as the plaintiff, and the insurance company can not reach a settlement agreement, you have the option to file a lawsuit. A lawsuit is a legal action filed in court and involves a much lengthier and more complex process compared to claims. This legal process includes formal filing of the suit, discovery, pretrial motions, a trial, and potential appeals.
Injured in the Accident? Contact Our Car Accident Attorneys
Were you a passenger in the car accident? Did you sustain any injuries from the car accident? If you find yourself in the unfortunate situation of having a friend crash your car and sustain injuries, it’s important to seek legal advice from a knowledgeable personal injury attorney.
Ultimately, the decision to sue your friend for crashing your car depends on the circumstances and the severity of the damages. It is essential to consult with an attorney in such situations to understand your legal options and ensure that your rights are protected.
At The Cartwright Law Firm, our San Francisco personal injury attorneys have years of experience in handling complex car accident cases, particularly those involving liability issues.
Our team will work to determine who is liable for the accident, what insurance policies are available, and help you understand how your insurance policy will be used.
Contact us today to schedule a free consultation and learn more about how we can help you.
Crashing your vehicle is unpleasant and stressful enough, but what happens when it’s not you behind the wheel? If your friend borrowed your car and caused an accident, it is essential to know the potential consequences.
While it may seem harmless to let friends or family members borrow your car, it can present challenging legal issues if they get into an accident while driving your vehicle. The added stress of pursuing legal action against a friend or family member can make the situation even more complicated.
Understanding the laws and procedures surrounding car accidents involving borrowed vehicles is crucial to ensuring your legal rights and financial interests are protected.
At The Cartwright Law Firm, our team of experienced car accident attorneys can help you understand your legal options and help you navigate the legal process every step of the way. Contact us today to schedule a free, personalized case consultation.
Your Friend Caused the Car Accident
California Civil Code 1714 outlines that a party at fault for a car accident can be held responsible for damages and, therefore, establishes an injured person’s right to seek compensation. However, this is rarely done by suing a defendant personally in civil court. To seek compensation for damages from an accident, the first step is to file a claim against the auto insurance policy.
In California, your auto insurance policy continues to cover your vehicle even if you are not driving it. Therefore, your auto insurance policy would cover the damages and injuries resulting from an accident that your friend caused while driving your vehicle.
If your friend does not have their own auto insurance, your policy will be the primary coverage for the accident. This means that your insurance company will cover the costs associated with the collision, including repairs, medical expenses, and legal fees if any legal action is taken.
If your friend has their own auto insurance, both your and their auto insurance policies will be used to cover the damages. Your friend’s insurance would be secondary coverage, and it would only start compensating for damages after your policy limits are exhausted.
Your Friend Did Not Cause the Car Accident
The party that caused the accident will bear the burden of liability and be responsible for any resulting damages.
To seek compensation for injuries or your vehicle’s property damage, you would pursue a claim through the at-fault party’s auto insurance carrier. As an involved vehicle, you can also use your auto insurance policy if the at-fault vehicle does not have proper coverage or enough coverage to cover all damages.
It is important to consult with an experienced attorney to determine who is liable in the case of a car accident and to ensure that your legal rights are protected.
Common Misconceptions About Car Accident Cases
Car accident cases can quickly become complicated, and there are several misconceptions surrounding them that can often leave people confused and overwhelmed.
- Myth: You can sue anyone involved in the accident for your financial damages.
- True: You must prove that another party was at fault for the accident and that their negligence caused your injuries or property damage.
- Myth: Filing a claim or lawsuit means you will receive compensation.
- True: Not all claims are viable, and even strong claims can take weeks, months, or even years to resolve. In some cases, insurance companies may try to delay payment to reduce expenses, even if they are aware that their driver was at fault.
- Myth: If the other driver does not have sufficient insurance to cover your expenses, you can sue them personally.
- True: While there are some unique circumstances where you can sue a defendant personally, oftentimes, defendants who do not have proper auto insurance also do not have the assets to pay a judgment against them.
- Myth: A claim and a lawsuit are the same.
- Truth: A claim is only against an insurance company, while a lawsuit is an escalation of a claim and can be against the insurance company and the defendants personally.
Claim Vs. Lawsuit
A common misconception is that seeking compensation for damages from an accident means that you will be suing someone. However, this is rarely the case.
An insurance claim is typically the first step, in which the injured party files a claim with the liable party’s auto insurance carrier. Then, you negotiate with the insurance company to settle the matter outside of court. The insurance company will conduct an investigation to assess the validity of the claim, after which they may offer a settlement amount that you can either accept or reject.
If you, as the plaintiff, and the insurance company can not reach a settlement agreement, you have the option to file a lawsuit. A lawsuit is a legal action filed in court and involves a much lengthier and more complex process compared to claims. This legal process includes formal filing of the suit, discovery, pretrial motions, a trial, and potential appeals.
Injured in the Accident? Contact Our Car Accident Attorneys
Were you a passenger in the car accident? Did you sustain any injuries from the car accident? If you find yourself in the unfortunate situation of having a friend crash your car and sustain injuries, it’s important to seek legal advice from a knowledgeable personal injury attorney.
Ultimately, the decision to sue your friend for crashing your car depends on the circumstances and the severity of the damages. It is essential to consult with an attorney in such situations to understand your legal options and ensure that your rights are protected.
At The Cartwright Law Firm, our San Francisco personal injury attorneys have years of experience in handling complex car accident cases, particularly those involving liability issues.
Our team will work to determine who is liable for the accident, what insurance policies are available, and help you understand how your insurance policy will be used.
Contact us today to schedule a free consultation and learn more about how we can help you.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner