What Happens if Someone Wrecks Your Car and They Aren’t on Your Insurance?

What happens if someone wrecks your car and they aren’t on your insurance? We’ve all been there. You lend your car to a trusted friend or family member for a quick errand, only to receive a phone call you dread—an accident. What happens next? You might wonder, “What if they aren’t on my insurance?” Managing this complex situation can be stressful and confusing, but understanding your rights and options is essential.

Here at Dyer, Garofalo, Mann & Schultz, we’ve handled countless cases involving car accidents with third-party drivers. In this blog, we’ll break down everything you need to know if someone who isn’t on your insurance wrecks your car and how to protect yourself moving forward.

What Happens if Someone Wrecks My Car and They Are at Fault?

If someone else is driving your car and they cause an accident, the primary insurance that applies is typically the insurance tied to the car—not the driver. This means that your insurance policy will likely be the first one tapped into for coverage. Whether you permitted the person to drive your car plays a significant role here. Most insurance policies cover permissive drivers with explicit or implied permission to use your vehicle. However, this coverage may come with limits, and things can get complicated if the driver was not supposed to be behind the wheel.

In Ohio, which operates under an “at-fault” system, the party responsible for the accident (the driver at fault) is also responsible for paying damages. If your friend or family member is found at fault, your insurance could pay for the damages, but there are specific rules and exceptions you need to be aware of, especially if the driver isn’t listed on your policy.

Additionally, Ohio’s financial responsibility law requires all drivers to maintain certain minimum levels of car insurance coverage, which can become a factor when determining who pays for damages.

What Happens if Someone Wrecks Your Car and They Aren’t on Your Insurance?

So, what if the driver wasn’t listed on your insurance policy? In most cases, your car insurance will still apply if the driver has permission to use the car. Despite this, different policies have varying levels of coverage for unlisted drivers. If your policy includes a “permissive use” clause, your insurance will cover damages caused by the person driving your car, even if they aren’t explicitly named in your policy. Keep in mind, though, that there may be limits on the coverage amount for permissive drivers.

If your policy did not cover the person driving your car and didn’t have permission to use the vehicle (non-permissive use), you may have grounds to deny coverage. In such cases, the driver may be personally liable for the damages. Nonetheless, if you had given them implied or explicit permission, your insurer could be responsible for covering at least part of the accident costs.

For example, Insurance explains that in most states, the policy follows the car. So, even if the driver isn’t named in your policy, the insurer may still be on the hook for some or all of the damage, depending on your specific coverage.

How Can Insurance Work?

Knowing how your insurance works when someone else crashes your car can save you from unexpected surprises. Most car assurance policies contain several forms of coverage, which can come into play depending on the nature of the accident:

Liability Coverage: This will usually cover damages to the other party’s vehicle and medical costs if the accident was the fault of your car’s driver. In Ohio, liability insurance is required, and it follows the auto, meaning it will likely pay for the other party’s material damages even if you weren’t the one driving.
Collision Coverage: If you have this optional protection, it will help repair or replace your vehicle, regardless of who was at fault. Nevertheless, your insurance premiums could increase depending on the severity of the accident.
Uninsured/Underinsured Motorist Coverage (UM/UIM): In Ohio, this coverage can protect you if the person driving your car (or another party) is uninsured or underinsured. While it’s not mandatory, it’s wise to have it in case the responsible driver doesn’t have sufficient coverage to pay for the damage.

If the accident occurs and the at-fault driver doesn’t have insurance, your uninsured/underinsured motorist coverage can cover the damages. In some cases, the driver’s own insurance (if they have any) might kick in to cover the gap, but this can vary by insurer and policy.

How Do Insurance Companies Evaluate Your Claim?

Insurance companies will carefully investigate the circumstances before paying any claims when someone else is involved in an incident while driving your car. Here’s what typically happens:

Claim Filing: As the vehicle owner, you must report the accident to your insurance company. The driver involved may also be required to provide their version of events, which helps process the claim.
Investigation: The insurance company will conduct an investigation to determine vital details, such as who is at fault, the extent of the damage, and whether the driver had permission to use the car. This step is so relevant in determining liability and coverage.
Police Report & Witnesses: The insurance company will review the official police report to gather facts about the accident. Additionally, they may contact witnesses for statements to help clarify the circumstances surrounding the crash.
Driver’s Insurance (If Applicable): If the person driving your car has their own insurance, the two insurance companies may collaborate to decide who is financially responsible for covering the damages. In some instances, the driver’s insurance could be responsible for some of the costs.

After evaluating the claim, the insurance company will decide how much coverage they can provide based on your policy and the circumstances of the accident. This process can be lengthy and complicated, so following up regularly is fundamental.

How a Car Accident Lawyer Can Help You

Dealing with the aftermath of an incident can be daunting, especially if the driver wasn’t on your insurance. That’s where a car crash lawyer can step in. An experienced lawyer can help you navigate insurance claims, deal with uncooperative insurers, and protect your rights in case of any legal disputes. Whether you are trying to recover damages or facing liability issues, a legal expert can ensure you get the support and representation you need.

At Dyer, Garofalo, Mann & Schultz, we specialize in handling these kinds of difficult cases. If the insurance company is giving you the runaround, or if there are questions about liability or coverage, we’re here to provide clear, actionable guidance.

What’s the Statute of Limitations to File a Claim?

In Ohio, you generally have two years from the accident date to file a claim or lawsuit for damages related to personal injury or property damage. This time limit is crucial because if you miss the deadline, you may lose your right to recover any compensation.

Still, in some cases, the clock may start later if you don’t immediately discover the damage or harm. Regardless, it’s best to act quickly to preserve your rights. If you’ve been involved in a car crash where someone else was driving your car, contact us at Dyer, Garofalo, Mann & Schultz to discuss your options and ensure you don’t miss important deadlines.

Don’t Miss Your Deadline: Check if You Can Still File a Car Accident Claim

Accidents are stressful, and dealing with insurance policies only adds to the confusion. Whether or not the driver was on your insurance, knowing your rights and understanding how your coverage works can help you handle the situation more effectively. If you’ve found yourself in this tricky scenario, we’re here to help.

Contact Dyer, Garofalo, Mann & Schultz at 937.222.2222 or contact us for a free consultation with one of our experienced Dayton car accident lawyers. We are ready to help.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.