What Happens If You Get Into an Accident Driving a Friend’s Car?

It is not uncommon to borrow a friend’s car—whether your own vehicle is in the shop or you simply need something larger for a move. But if an accident happens while you are behind the wheel of someone else’s car, the situation can quickly become complicated.

Questions often arise, such as:

• Whose insurance will cover the damages?
• Could both you and your friend be financially impacted?
• Can you be held personally liable?

Below, we break down how California law and insurance policies typically apply when someone is involved in an accident while driving another person’s vehicle.

Insurance Generally Follows the Car

In California, car insurance usually follows the vehicle rather than the driver. This means that in most cases:

• The car owner’s insurance policy is primary. If you cause an accident while driving your friend’s car, their insurance typically covers damages or injuries up to the policy limits.
• The vehicle owner’s premiums may be affected. Because the claim is made under their policy, your friend may face increased rates.

However, this does not necessarily shield you from liability if damages exceed those limits.

When the Accident Is Not Your Fault

If another driver is responsible for the crash, their insurance should cover the damages. In some cases, your friend’s insurer may initially pay for repairs under collision coverage, then seek reimbursement from the at-fault driver’s insurer through a process known as subrogation.

When Your Insurance May Apply

Your own auto insurance can come into play under certain circumstances, including:

• Excess damages: If costs exceed your friend’s policy limits, your insurance may act as secondary coverage.
• Shared households: If you live with the car owner, your policy may be implicated depending on policy language.
• Medical coverage: If you carry Medical Payments (MedPay) or Uninsured/Underinsured Motorist (UM/UIM) coverage, these benefits may apply to your injuries, even though you were not driving your own car.

Situations Where Coverage May Be Denied

There are circumstances where insurance may refuse to provide coverage, such as:

• Lack of permission: If you took the car without the owner’s consent, coverage could be denied.
• Named driver exclusions: If you are specifically excluded under the policy, the insurer will not provide coverage.
• Commercial use: If you were using the vehicle for rideshare, delivery, or other commercial purposes without proper coverage, insurance may not apply.

Liability for Injuries

Injury claims work a lot like property damage: the car owner’s liability coverage pays first. If the accident was your fault and someone sues, that claim targets your friend’s insurance first – but could involve you personally if costs exceed coverage.

That’s why it’s smart to call a lawyer quickly, so you’re not left holding bills that should’ve been handled by an insurer.

Protecting Both Yourself and Your Friend

Accidents involving borrowed vehicles can create tension between friends or family members. The best approach is to:

• Notify both insurers promptly
• Avoid informal “handshake” agreements
• Seek legal guidance before providing statements that could affect coverage

An attorney can help coordinate with the insurance companies to minimize conflict and ensure you are not unfairly saddled with financial responsibility.

The Bottom Line

Here’s a quick recap: 

• Car insurance follows the car. Your friend’s policy is usually primary.
• Your policy might kick in for overflow or extra medical help.
• You could still be sued personally if it’s serious, which is why early legal help matters.

At DK Law, we’ve handled numerous “I was driving someone else’s car!” situations. We’ll deal with the insurance complexities so you (and your friendship) survive intact.

Need Some Clarity? Let’s Talk.

If you were involved in an accident while driving a friend’s car, do not try to manage the situation alone. Our firm offers free, no-obligation consultations to help you understand your options. Contact DK Law today to speak with an attorney about your case.