Getting into a Car Accident While Driving a Friend’s Car: Who is Liable?

You borrowed a friend’s car to run a quick errand. It’s a typical day until suddenly, you’re in a car accident. A wave of concern quickly follows the shock of the collision. You’re injured, the car is damaged, and you start worrying about what to tell your friend. Who is liable for the damages and your medical bills? Is it you, the driver, or your friend, the car owner?

Sorting out what to do after a car accident is never easy, but when you’re driving someone else’s car, the situation becomes even more complicated. It’s not just about legal responsibilities; it’s about maintaining a relationship with your friend while ensuring you get the compensation you deserve for your injuries.

At Fuicelli & Lee, our experienced team of Denver car accident lawyers has seen it all, and we’re committed to guiding you through this difficult time with empathy and understanding. We are here to handle legal complexities, advocate for your rights, and work toward securing the full, fair, and complete compensation you need to recover.

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Understanding Liability in Colorado Car Accidents

In Colorado, liability in car accidents typically falls on the at-fault party. However, when you’re driving a car that isn’t yours, the question of liability grows more complicated. Let’s break down the possible scenarios:

Scenario 1: The Driver is at Fault

If you, as the driver, are found to be at fault for the accident, you could be held responsible for the damages. This means that your friend’s insurance policy may cover the damages up to the policy limits, but any costs beyond that could potentially fall on you.

In some cases, your own insurance policy may come into play, depending on your coverage.

Scenario 2: The Car Owner is at Fault

If your friend, as the car owner, knowingly allowed you to drive a car with a mechanical issue or defect that contributed to the accident, they could face partial or full liability. This particularly delicate situation can involve both legal and interpersonal challenges.

Scenario 3: A Third Party is at Fault

In some cases, a third party may bear responsibility for the accident. For example, if another driver’s negligence caused the collision, that driver would bear liability for the damages. However, even in this scenario, the involvement of a borrowed car can complicate the claims process.

Comparative Negligence in Colorado

Under Colorado’s modified comparative negligence law, you can recover damages even if you are found partially responsible for the crash – as long as you are found to be less than 50% responsible for the accident. However, your compensation will decrease by the percentage of your fault.

In an accident involving a borrowed car, both the driver and the car owner could potentially share some responsibility. For instance, if the car owner knowingly lent their car with faulty brakes and you, as the driver, were also speeding, both of you might share liability. In this case, the damages awarded would be adjusted according to each party’s degree of fault.

Navigating Insurance Coverage for a Denver Car Crash

Insurance coverage is one of the key factors in determining liability after a car wreck. In Colorado, most auto insurance policies follow the car, not the driver. This means that your friend’s insurance policy will generally be the primary coverage in the event of an accident. However, exceptions and nuances to this rule can affect how liability is determined.

Primary vs. Secondary Insurance Coverage

When you’re driving someone else’s car, their insurance is typically considered the primary coverage, meaning it will be the first to pay out in the event of a claim. If the damages exceed the limits of the primary policy, your own insurance may be considered secondary coverage, stepping in to cover the remaining costs.

Liability Limits and Potential Gaps in Coverage

One of the challenges in these situations is that the liability limits on your friend’s insurance policy may not be enough to cover all the damages, especially if the accident resulted in serious injuries. If the costs exceed the policy limits, you could be held personally responsible for the remaining amount, leading to significant financial strain.

The Role of Uninsured/Underinsured Motorist Coverage

When you’re involved in an accident while driving a friend’s car, and the at-fault driver lacks sufficient insurance coverage, uninsured/underinsured motorist (UM/UIM) coverage can play a crucial role.

In Colorado, UM/UIM coverage is designed to protect you if the at-fault driver either doesn’t have insurance or their insurance limits are too low to cover your damages fully.

If your friend’s car is insured with UM/UIM coverage, this policy may cover the remaining costs after the at-fault driver’s insurance is exhausted. This can be particularly important if the accident results in serious injuries that lead to significant medical bills and other expenses.

Having UM/UIM coverage ensures that you’re not left to cover these costs out of pocket, providing an additional layer of protection and peace of mind when driving someone else’s car. For the injured driver, UM/UIM coverage can help cover medical expenses, lost wages, and other damages that the at-fault driver’s insurance might not fully compensate you for.

The Process of Filing a Claim With Multiple Insurance Companies

Filing claims with multiple insurance companies requires careful coordination to ensure that all potential sources of compensation are explored. Each insurance company may try to minimize its liability, leading to potential disputes over which policy should cover specific damages. This can present challenges when dealing with medical expenses, lost wages, and other significant costs.

An experienced car accident lawyer can help you navigate these challenges by managing communications with the insurance companies, ensuring that all necessary documentation is provided, and advocating on your behalf to maximize your compensation.

Personal injury attorneys who understand car accident claims can offer valuable help in the insurance claims process. They understand that insurance companies are looking out for their bottom line and may try to get you to accept a lowball offer.

Your lawyer will represent you to secure a fair settlement or file a personal injury lawsuit to represent you in court if the insurance company refuses to offer the compensation you need.

Other Legal Considerations for Borrowed Car Accidents

Beyond insurance, several legal considerations come into play when you’re involved in an accident while driving a friend’s car.

Negligent Entrustment

One legal concept that may apply is negligent entrustment. This occurs when the owner of the car knowingly allows someone who is unfit to drive their vehicle, leading to an accident.

For example, if your friend knew you were unlicensed, inexperienced, or intoxicated at the time of the accident, they could be held liable under this doctrine.

Subrogation Claims

Another important legal aspect to consider is subrogation. This is when your friend’s insurance company seeks reimbursement from your insurance company or from you directly if they believe you were at fault for the accident. Subrogation claims can be complex, so it’s important to have a lawyer to protect your interests.

The Emotional and Interpersonal Impact

While the legal and financial aspects of a borrowed car accident are critical, it’s also important to acknowledge the emotional and interpersonal impact of the situation. The last thing anyone wants is for a car accident to damage a friendship or family relationship.

How Long Do I Have to File a Claim for a Car Accident?

If you’ve been injured in a car accident while driving a friend’s car, act quickly to protect your legal rights. In Colorado, the statute of limitations for motor vehicle accidents gives you three years from the accident to file a compensation claim. You may lose your right to seek damages if you miss this deadline.

The statute of limitations for general personal injury cases in Colorado is only two years. Given these differing timelines, talk with an attorney as soon as possible to file your claim within the appropriate time frame.

Types of Compensation in a Car Accident Claim

When you’re involved in a car accident while driving a friend’s car, you may be entitled to various types of compensation, depending on the circumstances of the crash and the extent of your injuries. The compensation you can pursue generally falls into two categories: economic and non-economic damages.

Economic Damages

Economic damages are tangible, quantifiable losses that include:

• Medical Expenses: This covers the cost of medical treatment related to your injuries, including hospital bills, surgeries, medication, physical therapy, and future medical care if your injuries require ongoing treatment.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you’ve lost during your recovery period. This can also include future lost earnings if your ability to work has been permanently impacted.
• Property Damage: Even though you were driving a friend’s car, any damage to the vehicle may be part of the claim. Depending on the circumstances, this might involve repairs to your friend’s car and any personal property that the crash damaged.
• Other Out-of-Pocket Expenses: This can include any additional costs incurred due to the accident, such as transportation to medical appointments, modifications to your home if you’re left with a disability, and other related expenses.

Non-Economic Damages

Non-economic damages are more subjective and compensate for the intangible effects of the accident on your life. These include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident. This can include both the immediate impact, and any long-term suffering associated with your injuries.
• Emotional Distress: Beyond physical pain, you may also experience anxiety, depression, or other mental health challenges because of the accident. This can significantly impact your quality of life.
• Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once loved, you may be entitled to compensation for this loss.
• Disfigurement or Permanent Disability: If the accident leaves you with lasting physical changes or disabilities, this can significantly affect your life, and you may seek damages to account for these impacts.

Considerations When Driving a Friend’s Car

When driving a friend’s car, certain factors may influence the type and amount of compensation you can pursue. For example, if the car owner’s insurance policy has specific limits or exclusions, this might affect the coverage available for your claim.

Additionally, if both you and the car owner share some responsibility for the accident, Colorado’s comparative negligence law may impact the damages awarded.

Long-Term Impact of Injuries Should be Factored Into Compensation Claims

Injuries sustained in a car accident can have lasting consequences that go beyond the immediate physical pain. Some injuries may lead to chronic conditions, require ongoing medical care, or even result in permanent disabilities that impact your ability to work and enjoy life.

For example, a traumatic brain injury or spinal cord damage could necessitate lifelong treatment, rehabilitation, and assistive devices.

Given these potential long-term effects, securing compensation that addresses these ongoing needs is vital to ensuring you have the resources to manage your health and financial stability in the years to come.

The attorneys at Fuicelli & Lee understand the importance of factoring in the long-term impact of your injuries and are committed to pursuing the full, fair, and complete compensation you deserve.

Contact Fuicelli & Lee to Advocate for You

At Fuicelli & Lee, we have extensive experience handling car accident claims, including those involving borrowed vehicles. We know how to navigate the intricacies of insurance policies, liability issues, and interpersonal dynamics to ensure that you receive the compensation you deserve.

Our team is here to provide the compassionate, personalized support you need during this difficult time. Our Denver personal injury attorney will help you understand your legal options, advocate for your rights, and work tirelessly to achieve the best possible outcome for your case.

If you suffered injuries while driving a friend’s car, don’t wait to seek legal help. Contact Fuicelli & Lee today to schedule a free consultation and learn more about how we can assist you in securing full, fair, and complete compensation for your injuries. Call us at (303) 444-4444 for a free consultation, or fill out the contact form on this website.