Between property damage and injuries, car accidents are stressful and expensive. Most of the time, the driver involved in the accident is the owner of the vehicle, but not in every case. Some common scenarios where a non-owner may be driving a vehicle include a teenager borrowing their parent’s car, an employee driving their employer’s vehicle, a designated driver driving the owner’s vehicle home, or an emergency situation where a non-owner drives the owner to the hospital in their vehicle. If your vehicle was involved in a collision when you weren’t driving, a Bellingham auto accident lawyer can help you understand your legal rights.
My Vehicle Was Involved in An Accident but I Wasn’t Driving. What Do I Do?
If your vehicle was involved in an accident without you present, there are several steps you should take to help protect yourself:
- Contact your insurance company to report the incident as soon as you hear about it.
- Gather information about the accident from the driver (if possible) and any witnesses whose contact information they were able to get.
- Document the damage to your vehicle. Take pictures of all angles of your vehicle.
- File a police report as this will help protect your interests and ensure proper handling of any insurance claims related to the accident.
- Contact a Bellingham auto accident lawyer to discuss your rights and legal options. Remember: even if someone else was driving your vehicle without your permission, your insurance policy may still cover the accident under “permissive use” provision.
Why You Might Be Liable for a Car Accident Even If You Weren’t Driving
An Employee Driving a Work Vehicle
An employer will be held responsible for wrongful acts including negligent driving by an employee driving for work purposes and performing a work-related task. The legal terms for this responsibility are “vicarious liability” or “imputed negligence”, identifying the specific relationship between employer and employee. If an employee drives a company vehicle without permission in their non-work hours or uses the vehicle for a non-work-related task, the employer would not be held responsible.
You Let a Friend or Family Member Drive Your Car
Under the negligent entrustment law in some states, if you own a car and give permission for someone else to drive it, you will be held legally responsible for any negligent driving in the car particularly if it can be proved that you knew they were unfit to drive.
You Let Your Children Drive Your Car
In many states parents are automatically liable for their kids’ negligent driving in the family car. There are specific laws and legal theories involved in this decision:
Negligent entrustment says that if a parent lends the car to a minor child who they know to be an incompetent or reckless driver they are responsible for their actions.
The Family Purpose Doctrine used in some states says that when a parent buys a vehicle for general family use, they are liable for any damages caused by negligent driving in that vehicle.
How To Tell if a Driver is Incompetent, Reckless, or Unfit
Lending your car to a person you know falls into any of the following categories could put you at risk for committing negligent entrustment, and you could be sued for any damages caused by the driver.
- A drunk or high driver
- An underage and therefore unlicensed driver
- An inexperienced driver such as a minor with only a learner’s license
- An elderly driver with poor eyesight or reaction times
- A sick driver such as someone who experiences seizures or narcolepsy
- A driver with a history of reckless driving
Seek the Help of a Bellingham Auto Accident Lawyer
If your vehicle was involved in a collision but you weren’t driving, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a Bellingham auto accident lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing people injured in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
