Car Accident in a Friend’s Car: Who’s Liable & What Happens Next

Car Accident in a Friend’s Car: Who Pays the Bill?

Borrowed a car and got into an accident? Here’s what happens next.

Whether you were driving your friend’s car with permission or lending yours to someone else, the aftermath of an accident can get legally complicated fast. In most cases, car insurance follows the vehicle — but there are important exceptions and limitations to know.


What Usually Happens After the Crash

In most states, including Washington, Oregon, Utah, and Colorado:

  • The car owner’s insurance is primary. That means if you crash your friend’s car, their insurance is usually the first to pay.
  • Your insurance may be secondary. If the damages exceed your friend’s policy limits, your own insurance might be used to cover the difference (depending on your coverage).
  • Fault still matters. If you were driving recklessly or without permission, your friend’s insurance may deny the claim.

What to Do Immediately

  1. Report the accident to police and the insurance company.
  2. Document everything – take photos, collect witness info, and get a copy of the accident report.
  3. Have the car owner contact their insurer as well.
  4. Talk to a local attorney if there are injuries, damage disputes, or you’re being blamed unfairly.


Why a Lawyer Helps in Borrowed Car Accidents

These cases often involve:

  • Waiver of subrogation clauses
  • Miscommunication between multiple insurers
  • Fine print exclusions in rental or borrowed vehicle policies
  • Disagreements between insurance companies
  • Denials based on “unauthorized use”
  • Injuries that lead to finger-pointing between driver and owner

A lawyer can help protect both the driver and the vehicle owner, especially when:

  • The insurance company denies the claim due to ‘non-permissive use’
  • Legal definitions of fault vary by state and affect payout timelines
  • There are serious injuries or hospital bills
  • The driver is uninsured or underinsured
  • The insurance company is delaying or denying the claim

State-by-State Differences to Know

Washington

  • Permissive use laws are strong.
  • PIP (Personal Injury Protection) is optional but common.
  • Car owner’s insurer is typically primary.

Oregon

  • PIP is mandatory and covers up to $15,000 in medical bills.
  • Fault can impact payouts due to comparative negligence.

Utah

  • A no-fault state. Your own PIP covers your medical costs regardless of fault.
  • PIP coverage minimum is $3,000.

Colorado

  • At-fault system with optional MedPay.
  • Primary insurance usually follows the vehicle, but MedPay can help drivers directly.

When to Call a Lawyer Immediately

Consider reaching out to an attorney if:


FAQ: Common Borrowed Car Accident Questions

Q1: What if I didn’t have permission to use the car?
You may not be covered by the car owner’s insurance, and they may even file a stolen vehicle claim.

Q2: Will my friend’s insurance rates go up?
Possibly. Even if you were driving, their insurer paid the claim.

Q3: What if both of us have insurance?
The car owner’s insurer pays first. Yours might kick in if their limits are exceeded.

Q4: Can my friend sue me?
In some cases, yes — especially if you were driving recklessly or lied about what happened.

Q5: What if I wasn’t at fault?
The at-fault driver’s insurance should cover the damages, but legal help can make sure you’re treated fairly.


Illustration of a man on the phone in front of a two-car crash, used for Strong Law’s article about liability in car accidents involving a friend’s vehicle.

Checklist: What to Do If You Crash a Friend’s Car

  • ✅ Ensure everyone is safe and call 911
  • ✅ Take photos of damage, road conditions, and license plates
  • ✅ Collect names and contact info of all parties involved
  • ✅ File a police report
  • ✅ Inform both your insurer and the vehicle owner’s insurer
  • ✅ Get legal guidance before accepting blame or a lowball settlement

Outbound Resources to Learn More


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Legal advice varies by location and situation. This post is for informational purposes only.