Car crashes are stressful under any circumstances, but when someone else is driving your vehicle and gets into an auto accident, things can quickly become confusing. In South Carolina, understanding who’s responsible for insurance claims, how liability insurance applies, and what the legal consequences might be is essential for protecting your rights and finances.
At Ted Law Firm, we work with accident victims every day. Whether the driver was a friend, family member, or unlicensed driver, you need to understand how auto insurance coverage, insurance premiums, and medical expenses are handled in these situations,and what you can do to minimize your exposure.
South Carolina’s Insurance Laws and Liability
South Carolina operates under fault insurance laws, which means the at-fault driver is financially responsible for damages. However, when someone else drives your car and causes a crash, the situation gets murky. In most cases, auto insurance follows the vehicle, not the driver. So, your policy likely becomes the primary coverage, unless exclusions apply.
Your auto insurance company will first evaluate if the driver had permissive use, and whether your liability limits and collision coverage can handle the property damages and vehicle damage. If not, the insurance provider might deny parts of the claim.
Permissive Use vs. Unauthorized Use
Permissive Use
When you allow someone to drive your car,this is called permissive use,your insurance coverage usually applies. This includes liability insurance coverage for vehicle damage, injury per accident, and potentially uninsured motorist coverage if the other driver lacks sufficient protection.
However, if damages exceed your policy, the driver’s own auto insurance policy may act as secondary coverage, or you may need to pursue accident settlement through legal channels.
Non-Permissive or Unauthorized Use
If someone drives your vehicle without your knowledge or permission, your insurance carrier may refuse to pay. In this case, the uninsured driver could face legal action, especially if they were involved in drunk driving or a hit-and-run driver scenario. Your path to fair compensation may involve civil suits, depending on the legal issues at play.
Situations Where You May Still Be Held Liable
1. Household Members and Policy Inclusion
If your spouse or child,someone listed on your policy,was behind the wheel, your auto insurance company typically provides insurance coverage. However, if they were using the car for business and you lack commercial auto insurance, your insurer could deny the claim, leading to financial losses and potential legal consequences.
2. Driver Intoxication or Reckless Behavior
Letting someone with a bad driving record, history of impaired driving, or no license drive your car can result in denied insurance claims. If a crash occurs and law enforcement determines gross negligence or criminal conduct, you could be liable for the accident-related losses and forced into legal proceedings.
3. Commercial Use Without Coverage
Allowing your car to be used for rideshare, deliveries, or by a commercial truck driver without proper forms of insurance provide can void your collision insurance and comprehensive coverage. This puts you at risk of paying out-of-pocket for cost of repairs, extensive damage, or even facing a lawsuit from an injured party.
What the Driver’s Insurance Can and Cannot Do
If the driver of your car has their own insurance policy, it may offer some secondary coverage,but it depends on the type of coverage, their insurance limits, and the situation’s complexity. If the crash involved an uninsured claim, a green FR-10 Insurance Verification Form might be required.
In situations involving multiple claims, such as medical expenses, property damage, and emotional distress, insurance companies often debate who provides primary coverage. This process can be slow, involving insurance adjusters, multiple insurance company tactics, and attempts to reduce or delay payouts.
The Legal Process After a Crash
Whether you’re dealing with a permissive driver, a hit-and-run situation, or a case involving a responsible party, the legal process that follows can be overwhelming. You’ll need to:
- Review the accident report from the police.
- Provide insurance documentation to all relevant parties.
- Possibly participate in insurance investigations.
- Understand how your insurance policy covers different scenarios.
If necessary, working with an accident attorney helps you file the appropriate accident claims and navigate settlement negotiation. Don’t leave your financial future in the hands of the insurance adjuster tactics.
Injuries and Medical Costs
If the accident causes personal injury,from broken bones to traumatic brain injuries,you could face skyrocketing medical expenses. Even if you’re not driving, as the vehicle owner, you may be financially responsible for the injured party’s health insurance claims, medical payments coverage, and insurance considerations.
Some victims may also seek compensation for injuries, damages for repairs, or even human loss amounts in severe cases. These are all significant accident-related expenses, and courts consider factors like the driver’s competence, whether they were a valid driver, and your level of legal representation.
Documentation Is Everything
Proper documentation helps your case, whether you’re filing with your insurance carrier or pursuing legal action. Be sure to gather:
- Police reports
- Statements from auto insurance representatives
- Photos of the accident scene
- Repair bills showing the damage per accident
- Receipts for medical treatment
The more evidence you have, the stronger your chances are of winning fair compensation, especially when insurers try to dispute liability insurance coverage.
Auto Insurance Terms You Should Know
- Collision insurance limit: The max amount your insurer will pay for repairs to your car.
- Uninsured motorist coverage: Protects you if hit by an uninsured driver.
- Comprehensive insurance: Covers things like theft, vandalism, or weather damage.
- Auto liability insurance policies: Provide compensation for injury or damage you cause to others.
- Bodily injury liability insurance: Pays for injuries to others in an accident.
Understanding these terms is critical when discussing your case with an insurance agent, attorney, or auto insurers.
What If Someone Else Was Injured?
If someone in the other vehicle,or even a passenger in your car,suffers injuries, their attorney might go after you as the liable party, especially if your vehicle owner status can be connected to negligence. Claims might include:
- Compensation for damages
- Loss of income
- Loss of enjoyment
- Pain and suffering
- Mental anguish
In the worst-case scenario, a wrongful death claim could be filed, potentially leading to a long legal battle.
When to Call an Attorney
If you receive notice of a denied claim or lawsuit, consult an accident lawyer immediately. The team at Ted Law Firm is equipped to handle:
- Disputes over insurance coverage
- Determining who the responsible party is
- Filing claims with your insurance provider
- Representing you in court during legal proceedings
- Fighting for fair compensation when facing aggressive insurance company delays
We understand the legal process and how to navigate difficult situations involving friend permission, primary driver, or auto accident law firm disputes.
Common Myths and Misunderstandings
- “My policy doesn’t cover other drivers.” Most policies allow for permissive drivers.
- “If I wasn’t driving, I’m not responsible.” You could still be liable as the vehicle owner.
- “The other party must always be at fault.” Not true, especially with comparative negligence laws.
- “Uninsured motorist coverage is optional.” In South Carolina, it’s crucial protection against driver uninsured or hit-and-run cases.
- “Only drivers can be sued.” Owners can be named in lawsuits, particularly when insurance fails.
Final Thoughts and Legal Help
Dealing with a car accident involving another driver is a challenging situation. Between insurance battles, complex process steps, and possible criminal actions, you need solid legal representation.
Was your vehicle involved in an accident,but someone else was driving?
Get legal clarity from the experienced team at Ted Law Firm.
Our personal injury attorneys can help you handle the claims process, challenge insurance denials, and fight for the maximum payout.
Don’t face auto insurance myth and confusion alone.
Ted Law Firm proudly represents injured moped riders and their families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta,advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Call Ted Law Firm today for a free consultation.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
