Letting a friend or family member borrow your car may seem harmless until they get into a crash, which may require advice from a car accident attorney. So, what happens in Missouri if you let someone else drive your car and they get in an accident? It is important to understand how liability, insurance, and coverage may work to protect yourself financially.
Missouri’s Fault Insurance System
Missouri follows a “fault” insurance system. This means the person responsible for causing the accident is also responsible for covering the resulting damages. The at-fault driver’s insurance typically pays for property damage and injuries up to the policy limits.
If someone else is driving your car and they cause an accident, your insurance policy generally acts as the primary coverage. It will typically pay for damages to other cars, drivers, and passengers if the person borrowing your car is liable for them, up to the limits of your policy.
The minimum level of coverage required by state law is:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property
You must also have uninsured motorist coverage of $25,000 per person for bodily injury and $50,000 per accident for bodily injury.
What Happens When You Let Someone Else Drive Your Car and They Get in An Accident in Missouri?
Your auto insurance policy typically covers damages when someone else is involved in an accident while driving your car. In Missouri, car insurance follows the vehicle, not the driver. This means that your auto insurance is the primary coverage for damages caused by the accident.
However, if the damages exceed your policy limits, the person who borrowed your car may have insurance that could provide secondary coverage to cover the remaining costs. Additionally, if the person borrowing your car is uninsured or underinsured, you may be personally responsible for any damages that exceed the available insurance coverage.
Factors That Might Impact Coverage
Several factors can influence whether your insurance will cover an accident when someone else is driving your car. These are important to consider when evaluating liability and insurance coverage after an accident:
No Permission
Your insurance will generally cover someone borrowing your vehicle, but only if they have your permission to use it. If the person using your car did not have your explicit or implied consent, your auto insurance will likely not cover the accident. Instead, their personal auto insurance, if they have one, would be responsible for paying the damages.
Your Car Was Stolen
You are typically not deemed liable for any damages caused by a driver who stole or used your car without your explicit or implied permission. Your auto insurance should cover damage to your vehicle under your policy’s comprehensive coverage, but it will not cover damages to other vehicles or property.
If your car is stolen and involved in an accident, contact the police and file a police report. Provide as many details as possible, including the time, location, and vehicle description. You should then notify your insurer, file a claim for repairs or replacement, and provide a copy of the police report.
Excluded Drivers
Residents of the same household must generally be listed on your auto policy. However, you may be able to exclude specific drivers from your auto insurance policy, such as if they have a suspended or revoked license. Your insurance will likely deny coverage for damages from an accident involving an excluded driver who is borrowing your vehicle. The driver’s personal insurance, if they have any, may be a potential source of compensation.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
If you were injured in an accident in St. Louis due to someone else’s careless or negligent actions, contact an experienced St. Louis personal injury lawyer to discuss your case. Your attorney will fight for fair compensation, and they don’t get paid unless you win.
For more information, contact the attorneys at Roach Law Car Accident Lawyers we proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569