What Happens If Someone Is Driving Your Car And Gets In An Accident – If you are driving your own car and have been involved in an accident, there are already many questions that need to be answered. What caused the accident? Who is to blame? How can you get compensation or how much compensation are you entitled to? These are important questions, and a Texas car accident attorney can help you find the answers.
But what happens if someone else is driving your car and gets into an accident? Is your car driver in charge or is the burden on you? Don’t make assumptions that can lead to costly mistakes. Instead, contact the Texas and New Mexico car accident lawyers at Farah Law for the legal advice you need.
What Happens If Someone Is Driving Your Car And Gets In An Accident
Someone else was driving your car and was involved in an accident. Who is responsible for damages? In general, the car insurance is on the hook. But “generally” does not mean “always”.
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There is no unequivocal answer to this question. And to answer that question, you have to ask a few others first. Contact an experienced Texas car accident attorney, ask the right questions, and get the answers you need.
If a family member of the car owner was behind the wheel and became the culprit of the accident, the car owner is responsible for compensation. Texas, like many other states, follows the Family Purposes Doctrine.
Under this doctrine, if a family member of the vehicle owner is driving the vehicle and is injured in an accident that injures others, the vehicle owner is liable if the family member who took the vehicle had permission to do so. The family purpose doctrine provides that family vehicles are intended for family purposes.
While the doctrine of the purpose of the family seems clear, there may be room for debate. Sometimes it depends on why the family member was driving the car. For example, was the owner’s child using the car on the road for the owner or for personal reasons?
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If the person driving the car is not a family member, the question of permission must be clarified before responsibility can be assigned, and permission is not always easy to determine. However, in most cases the owner is liable for any damage if the driver had the owner’s permission.
There are three ways in which a car owner can give permission to another person to drive his car. The owner can give his consent verbally, in writing or implied.
Verbal and written consents are the clearest. If someone asks the car owner to borrow a car and the car owner says yes or an equivalent answer, permission is granted. Written consent is even more important because there is documentary evidence.
Having permission is a little more complicated and is largely determined by the driver’s approach to the car. For example, a car owner who is in a romantic relationship might give his partner a car key. Even if the car owner did not give the partner written or verbal permission to remove the car for the specific reason of the accident, the owner gave tacit consent by giving the key to the partner and continued access to the car.
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If the driver is not a family member and takes the car without permission, they have “stolen” the car and are liable for any damage caused while driving that stolen car. If that driver is uninsured, the situation becomes an additional headache — and a serious one at that — and you should not attempt to resolve it without the help of an experienced Texas car accident attorney.
Chances are, you’ll have to report an uninsured motorist (UIM) claim to your own insurance company, and your insurance company probably won’t make it easy for you. Like you, they will be very unhappy if they have to pay compensation for an accident caused by someone they were not responsible for. An attorney will ensure that you are treated fairly during all transactions and negotiations with your insurance company.
Although intent is often irrelevant, if the person driving your car was using it for commercial purposes,
If the borrower took your car on errands, needed your larger vehicle to move furniture, or took care of other personal needs, your insurance will pay. However, if the borrower has taken the vehicle for business and is using it for income, their commercial insurance will apply.
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For example, if a borrower has a delivery job and gets into an accident while borrowing your car for a shift, commercial insurance should cover the damage. Of course, if they don’t have this insurance, there are other complications.
You need help determining who is liable for damages in your car accident and whether you belong to one of the following:
There are several important factors to consider, and these factors are often very complex. To protect yourself from wrongful negligence and get the compensation you deserve, contact the car accident expert at Farah Law.
Farah Law has over four decades of combined experience helping clients after car accidents. We understand the laws of Texas and New Mexico and are ready to serve the residents of these states. No matter how complex your case, we’ll find the answers you need and work to get you the results you deserve. Contact us today for a free initial consultation. We are ready to get to work. When it comes to drunk driving, you might think the laws are pretty strict – it’s illegal to drink and drive if your BAC is 0.08% or more. In California, simply sleeping or sitting in a vehicle while intoxicated is not a crime unless there is evidence of driving or intent to drive. However, there are some gray areas that can create difficult situations for those who like to enjoy an alcoholic drink every now and then.
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If you sleep or sit in your car instead of driving, you may think you are being responsible, but the officer may have reason to believe otherwise. If the officer believes that you intended to drive your vehicle, you may be charged with DUI. This is not the only legal issue you may face in this situation. You could potentially be charged with “public drunkenness,” a violation of California Penal Code Section 647(f) PC.
Before a police officer can make an arrest for drunk driving, he or she must have a valid reason. If you were stopped by a police officer who did not have reasonable suspicion, you can get the charges dismissed with the help of a criminal defense attorney. If the police officer did not have reasonable suspicion that he was conducting the investigation while under the influence of alcohol, his judgment could not be relied upon at the time of the arrest.
If you were sitting or sleeping in a car and suffered a DUI, this is a case where there is no evidence that you were driving the vehicle. To prove a possible traffic violation, the police officer must be able to prove that you were the driver of the vehicle. In these cases, it is also important to prove the movement of the vehicle. California law requires a police officer to observe a moving vehicle before they have the authority to stop, frisk, and arrest you for driving under the influence. Other reasons a prosecutor may dismiss a DUI charge include:
Without proper evidence, you cannot be charged with any crime, including drunk driving. Evidence that can be used against you in a DUI case includes:
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As you can see, the evidence that can be used against you in a DNS case can be quite complex. You need an attorney on your side who is familiar with the evidence you need, finds gaps, and defends your case accordingly.
Every state’s laws require drivers lawfully arrested for DUI to consent to a chemical test. Chemical test results often prove that prosecutors can bring drunk driving charges to court. This is usually a breath test or a blood test. The following situations may indicate that the chemical test was performed incorrectly:
If you have been charged with driving under the influence due to insufficient evidence or need legal assistance in another type of criminal case, the Law Offices of Brian C. Andritch can help. To learn more, call us at (559) 484-2112 or contact us online. Determining liability for a traffic accident can be difficult. But what happens if you lend your car to someone who later gets into an accident? Can I be held liable for injuries?
If you have learned that a friend or family member caused a car accident by borrowing your car, contact the personal injury lawyers at Warnett Hallen LLP in Vancouver. We can provide a free consultation to explain how BC insurance laws apply in such cases. Call or contact us.
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