What To Do If You’re In An Accident In Someone Else’s Car

Car accidents are stressful events, but the situation becomes even more complex when you are driving someone else’s vehicle. Whether you borrowed a friend’s car, were using a rental, or had permission to drive a family member’s vehicle, knowing what steps to take after an accident is crucial. Illinois has specific laws and insurance rules that govern such situations. In this blog, we will walk you through the necessary steps, legal considerations, and insurance implications of being involved in a crash while driving someone else’s car.

Immediate Actions to Take After the Accident

1. Check for Injuries and Call 911

Illinois law requires drivers to stop at the scene of an accident, check for injuries, and call 911. Even if injuries are not immediately apparent, it is best to call emergency responders to assess the situation.

2. Move to a Safe Location

If the vehicle is operable and it is safe to do so, move it to the side of the road to avoid blocking traffic. Turn on hazard lights to warn other drivers.

3. Notify Law Enforcement

In Illinois, any accident resulting in injury, death, or property damage over $1,500 must be reported to the police. Having an official police report will be beneficial when filing an insurance claim or if legal disputes arise.

4. Exchange Information

Exchange the following details with all parties involved:

• Full name and contact information
• Driver’s license number
• Vehicle registration details
• Insurance policy information

5. Document the Scene

Taking photos of vehicle damage, road conditions, traffic signs, and injuries can be helpful for insurance claims and potential legal actions.

Understanding Insurance Coverage For an Accident in Someone Else’s Car

How Illinois Auto Insurance Works

Auto insurance typically follows the vehicle rather than the driver. This means that if you were driving someone else’s car with their permission, the car owner’s insurance will generally be the primary coverage.

• Permissive Use: If the car owner granted you permission to drive, their insurance should cover damages. However, if damages exceed policy limits, your insurance may be required to cover the remaining costs.
• Non-Permissive Use: If you were driving the vehicle without the owner’s permission, their insurance might not cover damages, making you personally responsible for any costs.
• Rental Cars: If the accident involved a rental car, the insurance coverage would depend on whether you purchased a rental car insurance policy, used your own auto insurance, or were covered by a credit card benefit.

Filing an Insurance Claim

1. Notify the Car Owner’s Insurance Company

Since the owner’s insurance is typically the primary coverage, they should be informed as soon as possible. Delaying notification can lead to complications or the insurance company denying coverage for the accident.

2. Report to Your Own Insurance Company

If you have an auto insurance policy, notify your insurance company, even if you weren’t driving your own car. Some policies provide secondary coverage.

3. Consider Uninsured/Underinsured Motorist Coverage

If the at-fault driver does not have sufficient insurance, uninsured/underinsured motorist (UM/UIM) coverage may be used to cover medical expenses and other losses.

Legal Considerations and Liability Issues When Driving Someone Else’s Car

Negligent Entrustment

Vehicle owners can be held liable under the legal principle of “negligent entrustment” if they allow someone unfit to drive their car. If the driver is intoxicated, unlicensed, or known to be reckless, the owner might be responsible for damages.

Personal Financial Responsibility

If the accident results in damages exceeding the insurance policy limits, the driver (you) may be held financially responsible.

Illinois’ Comparative Negligence Rule

Illinois follows a modified comparative negligence rule, meaning that if you are found to be 51% or more at fault for the accident, you cannot recover damages from the other party. If you are less than 50% at fault, your compensation will be reduced based on your percentage of fault.

Preventative Measures to Minimize Risks

Before Driving Someone Else’s Car:

• Verify that the vehicle is insured and confirm coverage details.
• Ensure the car is in good working condition.
• Obtain explicit permission to drive to avoid non-permissive use issues.
• Drive cautiously and avoid distractions.

Understanding Your Rights After an Accident

If you are injured in an accident while driving someone else’s car, you may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering

Consulting an experienced personal injury attorney can help clarify your rights and legal options.

Contact the Acclaimed Illinois Car Accident Lawyers at John J. Malm & Associates

Being involved in an accident while driving someone else’s vehicle in Illinois presents unique challenges. Understanding insurance policies, legal obligations, and proper post-accident procedures is crucial for protecting yourself and ensuring a smooth claims process. By following the correct steps, you can minimize legal and financial complications while safeguarding your rights.

If you have been involved in a car accident and need legal guidance, our top-rated Naperville car accident attorneys can help you navigate the complexities of insurance claims and liability disputes. Contact John J. Malm & Associates for a free consultation today. Let us help you get the compensation you deserve.