Letting your friends or family borrow your car is a good gesture. However, it can sometimes go wrong for you if your loved ones end up in a car crash. It can have a series of legal implications that you will have to go through.
So, to help you out, we will be discussing a few things regarding an accident in Georgia involving a borrowed car. It will help you get a better idea of how to proceed if you get stuck in this sort of situation.
Was the Person Involved in the Accident in Georgia Authorized to Drive the Car?
The fatal car crashes in Georgia for the year 2019 stood at around 1,377. It is an alarmingly high number as the state is seeing an increase in car accidents over the past few years. It can cause further complications if the cause of the accident is a driver who has borrowed the car from someone else.
The very first thing that you need to consider in determining liability is whether the driver of the car had the permission of the owner of the vehicle or not. In case the vehicle owner did permit the driver to use their vehicle, then the owner will be responsible for the accident.
Let’s look at some of the factors that will come into consideration when determining the party at fault:
The Implication of Permission:
In the majority of the cases, the car owner gives the borrower clear permission to use their vehicle. However, there can be a rare instance where the borrower has no permission from the owner to use their vehicle. The borrower implied that they had the authorization to use the car.
For instance, an individual allows their roommate or a friend to take their car from time to time. One day they leave the car keys where the borrower found them and the borrower had the implied permission for the usage of the car.
The case of negligent entrustment is when a car owner knows about the history of the driver, yet they allow the person to drive their vehicle. It will count as negligent entrustment, and it will fall on to the vehicle owner.
An example of negligent entrustment can be that the owner gives their car to someone who has a drinking problem, drug addiction, or they have a past record of reckless driving. In that case, it will fall under the concept of negligent entrustment.
The owner will not be held responsible in a scenario where the car involved in the accident in Georgia was stolen. However, the owner will have to prove that the vehicle is not under their custody, and someone stole it from them. They need to have complete evidence to prove that the borrower did not use the car with their permission.
Many auto insurance policies mandate the policyholders to add every driver with a license in their household into their policy. The insurance policy will not cover any person who classifies as an excluded driver. There is a possibility that the insurance company may reject culpability for losses if the car owner voluntarily grants authorization to an excluded driver who subsequently causes a crash.
What If Insurance Refuses to Pay for the Damages?
There is a chance your automobile insurance provider will look for an excuse to avoid paying for the damages. You can hear the following reasons from them regarding your claim:
- There is no mention of the driver in the policy
- The driver is at fault, and that is why they can’t pay for the damages.
If the at-fault driver has liability insurance, the insurer might continue to downplay and deny coverage because the at-fault person was not using their own car. Nevertheless, you can get the insurance provider to pay for the damages by having the right attorney by your side.
Hire the Best Lawyers for Your Case in Georgia:
Are you going through a case where your car is involved in an accident in Georgia because of an individual who borrowed your car? If yes, then there is nothing to worry about because HRF Legal is here to help you out and get you out of this problem.
Our attorneys have years of experience in dealing with vehicle accident cases. So, give HRF Legal a call today, and we will discuss all the options available for you.