A friend drove my car to Yosemite and crashed. Whose insurance pays, and how is fault decided?

SHORT ANSWER

Generally, auto insurance follows the car: if someone drives your car with your permission, your policy usually pays first, unless it excludes that driver. In a serious accident the owner can also be held responsible. Licensed household members and regular drivers usually need to be listed.

1

Occasional borrowers

Your policy usually pays first, but check the terms and who you lend to.

2

Household and regular drivers

Licensed relatives who live with you and anyone who drives your car regularly usually must be listed.

3

Roommates who don't drive it

If your insurer asks you to add them, you can request a driver exclusion with a signature.

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Lending your car occasionally

Most personal auto policies cover people driving with your permission, with your policy paying first. A driver excluded on the policy, or an unlisted household member, may not be covered.

After a crash: fault and who pays

  1. Fault

    Decided by the insurers' investigation of police reports, photos and statements, not by who owns the car.

  2. Others' damage: owner's policy first

    The owner's liability coverage usually pays first; the driver's own auto policy, if any, may apply after.

  3. Your car: Collision

    If the owner has Collision, it pays after the owner's deductible; without it, recover from the at-fault party or pay yourself.

  4. Impact on the owner

    The claim goes on the owner's policy and may affect the owner's renewal price.

  5. Before the trip

    Confirm the driver has a valid license and is not excluded; ask your agent before a long road trip.

Who needs to be listed?

USUALLY LISTED
  • Licensed relatives living with you
  • Anyone who regularly drives your car
  • Newly licensed household members (including AB 60 licenses)
CAN BE EXCLUDED
  • Roommates you don't know who never drive your car
  • Licensed residents who will not drive it
  • An excluded driver is not covered in your car
COMMON SITUATION

Insurers match DMV records to your address and send notices asking about other licensed residents. Answer based on the facts.

A real case: asked to add two strangers

CALIFORNIA · POLICY CHANGE

A client renting one room got two notices asking him to add two licensed people at the same address. He didn't know them and only he drove his car. We submitted a driver exclusion, he signed online, and his premium didn't change.

Results depend on individual circumstances. Identifying details removed.

Frequently asked questions

My friends and I take turns driving my car on a trip. Are we covered?

Permissive drivers usually have liability coverage under the owner's policy; damage to the car depends on Collision and any driver restrictions. Ask before the trip.

My mom just got her license. Does that affect my policy?

Insurers usually require newly licensed household members to be disclosed and added or handled under company rules, which can affect the price.

Is an excluded driver really not covered at all?

If an excluded driver crashes your car, your policy usually won't pay. Exclude only people who truly won't drive it.

This article is general information for California and is not a promise of coverage or claim payment. Coverage, pricing and terms depend on each insurer's policy and underwriting.

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