If a friend or family member was driving your car and was struck by a negligent driver, both of you can file an insurance claim or lawsuit for financial recovery. The injured driver may pursue damages for medical bills, lost wages, pain and suffering, and more. As the vehicle owner, you, too, can pursue the at-fault driver. They can be legally compelled to cover the costs of repairing or replacing your damaged or destroyed vehicle.
A Car accident attorney in Fort Lauderdale can help you build a strong case, deal with the insurance company, and fight for your financial recovery. They can clarify what happens if someone else is driving your car and has an accident in Florida. Most law firms in your area will review your case for free and define your right to recover the costs of restoring your car to its pre-accident condition at the at-fault driver’s expense.
Whose Insurance Company Pays for My Car Repair or Replacement?
Answering this question can be somewhat complicated. If the other involved driver caused the accident, according to Florida driver accident rules, you could file a claim with their auto insurance provider for Florida car accident coverage. They can be compelled to cover the costs of:
- All necessary repairs to return your car to its pre-accident condition
- Compensation for the diminished resale value of your vehicle post-repair
- The value of your car if it is deemed a total loss (repairs exceed its value)
If the person driving your car caused the accident, you would need to seek compensation from your own insurance company. You could also sue them directly to recover damages.
Who Covers the Driver’s Expenses if They Are Hurt Driving My Car?
In Florida, insurance coverage typically follows the vehicle, so if the person who was driving your car was hurt, the personal injury protection (PIP) portion of your auto insurance policy will cover many of their immediate expenses, including:
- Up to 80% of the driver’s accident-related medical expenses
- Up to 60% of their lost wages when severe injuries prevent them from working
- Up to $5,000 in death benefits if the motor vehicle accident led to a fatality
These benefits are available to the driver regardless of who was at fault. If their injuries meet the state’s serious injury threshold, they could also be entitled to file a personal injury insurance claim or lawsuit.
Establishing Fault and Liability in a Florida Car Accident 
Fault, car accident responsibility, and financial liability for a car accident are attributed to each involved driver in percentages. To recover damages, less than half of the accident’s causes and contributing factors can be attributed to the person who was driving your car.
Negligence is defined by its legal elements which include:
- Duty of care: Each driver’s legal obligation to safely operate their vehicle
- Breach of duty: The actions that violated the at-fault driver’s legal duty
- Causation: The direct correlation between each driver’s action and the collision
- Damages: The accident’s resulting economic and non-economic damages
A car accident attorney can help you understand comparative negligence laws in Florida and how they might affect your financial recovery.
Evidence You Need to Support Your Injury Claim as the Vehicle Owner
As the owner of the damaged car, you have to prove the car accident other driver caused the accident. The injured party who was driving your car has to prove the same negligence for their own injury claim.
A compelling evidence collection will include:
- The official police report describing the accident and its cause
- Vehicle repair, replacement, and diminished value estimates
- Medical records and bills for the person who was driving your car
- Statements from accident eyewitnesses and relevant experts
- Photos and video of the accident scene from dashcams, traffic cams, etc.
- First responder reports and accident reconstruction reports and photos
Gather as much evidence as possible to support your legal claim. If you are represented by a lawyer, they will handle evidence collection for you, including presenting your evidence and a settlement demand letter to the appropriate insurance company.
Understanding Florida’s Statute of Limitations for Car Accident Claims
Florida law defines the time limit for filing a lawsuit after a car accident. You generally have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11.
If the accident involved a government or municipal agency, you generally have six months from the date of injury to submit your claim in writing, per Florida Statutes § 768.28.
Take legal action promptly, as missing the filing deadline can jeopardize your right to compensation. A lawyer can help you file your accident lawsuit within the allotted time.
Benefits of Hiring a Car Accident Lawyer for Your Case
You and the person who was driving your car can have two claims of varying value. You could also have two different filing deadlines based on the driver’s age at the time of the accident. While neither of you is required to have legal representation, a complex case like this could benefit from the service and support of legal counsel.
A Fort Lauderdale Personal injury lawyer will:
- File the appropriate insurance claims or lawsuits
- Document two sets of recoverable damages
- Conduct a thorough auto accident investigation
- Locate and interview lay and expert witnesses
- Canvass the scene for photos and video footage
Your lawyer will also negotiate the best possible accident settlement for you and for the person who was driving your car.
Get Legal Support to Define Liability Someone Else Driving Had an Accident
If your car was damaged in an accident when someone other than you was driving, we can help you have your car repaired or replaced by the at-fault driver. We can also help the driver of your car get compensation for their injuries and related expenses and losses.
If you are wondering, “What happens if someone else is driving my car and has an accident in Florida,” we can help you explore your compensation options. Contact our consultation team at the Law Offices of Wolf & Pravato for a free claim review.
