The Meeting Place

Who is responsible for a car accident when someone else is driving your vehicle

Can anyone please advise who is responsible if someone else is driving your vehicle.  Does my policy have to cover this person or is the driver ultimately responsible?

7 comments

Only a guess as I no longer drive . Breaking road rules , driver responsible . Policy as in accident damage can depend on the policy Re family cover , alcohol etc . Your policy will stipulate cover conditions .

You are if its registered in your name and they had your permission,thats my take,but if i borrowed my brothers car and i stacked it,then as an honorable person i would offer to pay the damage,or the if he claimed his insurance i would pay the excess.

but i am sure if the driver refuses to pay then the driver should be persued not the owner,confusing isent it,if he goes through a red light then the registered owner gets the ticket and then they nominate who was driving and they pay,even more confusing?

Did that help or confuse you more?

 

Billy

Seggie. From what I gather, it would be advisable to contact your insurance company to enquire.  My guess is you'd have to inform them as to the person's age, licence, etc. and if they have any demerits.  I'd not let anyone drive my car without this knowledge.

myths of car insurance

click on this Viviene > article

Part of article

Contrary to popular belief, in case of an accident, car insurance follows the car — not the driver. So if you lend your car to a friend or a visiting relative, you could be liable if an accident occurs.

Even if your friend has great coverage with the highest limits and the lowest deductibles, your car insurance would have to cover the damages if your friend got into an accident while driving your car.

Good question Vivienne, I had always assumed if my car was stolen it was covered for damage under my comprehensive cover and then the Insurance company goes after who stole it/damaged it. When cars have been damaged by family members it came off my insurance with a higher contribution by me if they were under 25.

CTP - compulsory third party is paid on the vehicle during registration to cover any damage to the property of a third party while driving the car .

COmprehensive insurance is to cover damages to your car.

This is from a NSW insurance guide Vivienne,and a copy and paste link.

 

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/have-you-crashed-your-car/

 

 Whose fault is it?

Any driver who fails to take reasonable care is responsible for damage caused in an accident. It is not always easy to decide; sometimes both drivers are responsible.

Even if the police do not charge you with a driving offence, it does not mean that you are not responsible. There is a difference between a driving offence (criminal responsibility) and responsibility for damage (civil liability).

If you own the car but somebody else was driving it, you can still be responsible if the driver is your agent and was at fault. (eg. a friend was driving while running an errand for you). In this situation, the driver is still equally responsible.

 

Regards Billy

7 comments