Allowing another person to use your vehicle is a scenario that can make any person nervous. When another person is operating your vehicle, there is always a concern that they could be involved or cause a serious accident. If this happens, many people are unclear on who would be held liable for the accident. If a friend or family member caused an accident in your vehicle, you should consult with an experienced Fayetteville car accident lawyer today. Every motorist should be aware of the possible outcomes of another individual, causing an accident in their car. Ken Kieklak, Attorney at Law, is here to explain what happens if another person causes an accident in your vehicle in Arkansas.
Arkansas Permissive Use Clause for Car Accidents
There may come a time when a friend or family member requests to use your vehicle to run an errand or for another reason. If this happens, many people will ponder the possible consequences of allowing another person to operate their vehicle. Fortunately, there are some circumstances where the owner of the vehicle will be protected from the negligence of another driver.
Permissive Use
Arkansas and many other states permit car insurance policies to allow people to drive a vehicle that is insured by another party. The proper term for this type of transaction is “permissive use.” Permissive use clauses often apply to family members who reside in the same household and may also be used for dependent children not residing in the same household. However, if an insured party specifically authorizes a friend to drive their vehicle, this may also qualify as a permissive use.
Non-Permissive Use
When a person’s vehicle is taken without their consent, this is known as a non-permissive use. As you might expect, a thief using your vehicle for a joyride will be seen as a non-permissive use. However, while you may not be liable for damage caused to other vehicles, you may have to turn to your insurance carrier to have the damage to your vehicle repaired.
Alternatively, if you live with a friend that borrows your car without your consent, the friend’s insurance company may be liable for the accident. However, if your friend does not possess car insurance and causes a car accident, your personal insurance may have to provide coverage for the accident.
When faced with a non-permissive use by a person that you share a home with, it is important to have proof to show that you expressly were against the use of your car. This may help greatly when determining liability for an accident.
It is important to note that an insured driver should always check their insurance policy before assuming that they have coverage for a permissive driver. In some cases, a driver may have chosen a policy that only allows the insured and other named drivers to operate the insured vehicle. As a result, the insured could be held liable for an accident because they were not permitted to give authorization to another driver.
To learn more about liability for a car accident caused by a permissive user of a vehicle, you should continue reading and speak with an experienced Fayetteville AR personal injury lawyer.
Liability for a Car Accident Caused by an Authorized Driver
Arkansas is a no-fault insurance state for car accidents. When a car accident occurs in a no-fault state, the insurance company for an insured driver will pay for the expenses despite whether the insured driver caused the accident.
However, if a car accident was caused by a friend of the insured driver and the friend did not have his own car insurance, this could lead to a serious issue. For example, if a victim was struck by the friend, and their insurance was not enough to cover their injuries, they could seek compensation from the friend and the insured driver. This could mean that the insured will have to defend against a personal injury lawsuit in Bella Vista, AR.
If you believe you are going to be sued because of the actions of a friend, you let drive your vehicle, waste no time in speaking with an experienced attorney. Our firm can help you determine an appropriate course of action. For example, you may have to seek indemnification from the friend that caused the accident. Additionally, you may be able to pursue an insurance company lawsuit if you believe your insurance company should have covered the accident caused by a permissive driver. You should seek a Fayetteville lawyer who sues insurance companies if you end up in this situation.
Consult Our Experienced Arkansas Car Accident Attorney to Discuss Your Claim
If your vehicle was crashed by a person you authorized to drive it, you should contact an experienced Farmington car accident attorney today. Car accident attorney Ken Kieklak is prepared to help you determine your legal options when your vehicle is crashed by a person you allowed to drive. To schedule a free case evaluation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You may also contact the firm online.