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If someone else causes an auto accident while driving your vehicle, figuring out who’s financially responsible can be confusing. Many car owners are unaware of how liability works in this particular situation. Unfortunately, there isn’t a straightforward answer, as it depends on several variables. However, it’s important to recognize that most insurance policies are designed to follow the car rather than the driver. This means that if your vehicle is involved in a collision, there’s a chance the claim will need to be filed with your insurer. Below is a look at some of the factors that determine liability.

Non-Permissive Usage

Whether or not you gave the driver permission to use your vehicle can play a significant role in who is held liable for an auto accident. Typically, insurance policies will cover anyone driving a car as long as the owner has given them consent. If someone you know borrows your vehicle without permission, their insurance will usually hold primary liability, and yours will be secondary. On the other hand, if your vehicle was stolen, you may not have any obligation to pay for the other party’s damages.   

Family Members 

auto accidentsUnder Ohio law, a minor’s driver’s license application must be signed by their parents. In turn, this makes them automatically liable for any crashes the teen is responsible for. Excluding teen drivers from a policy in an attempt to keep costs low won’t generally relinquish liability. Instead, this will require parents to pay for damages out of pocket.  

Employees 

If an employee displays negligent behavior while under the scope of employment, their employer can be held liable for the resulting damages. This also applies to auto accidents. Thus, if an employee gets into a collision when conducting business or running errands for the owner of the car, a claim should be filed with the employer’s insurance. 

Unlicensed or Reckless Drivers 

If you knowingly lend your car to someone who doesn’t have a license, is under the influence of alcohol, has a history of drunk or reckless driving, or is otherwise an unfit driver, it’s likely you will shoulder the burden of liability for any injuries and property damage they cause. This is referred to as negligent entrustment.

 

In the event another driver is found at fault for an auto accident that took place in your car, turn to the attorneys at Miraldi & Barrett, Co in Lorain County, OH. They can help assess the circumstances under which the collision occurred and explore your legal options. Over the past seven decades, they’ve remained dedicated to providing the residents with quality representation. Call (440) 233-1100 to schedule a free consultation, or visit them online to learn more about the firm.

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