Alejandro Figueroa | May 25, 2022 | Car Accidents

At one time or another, it’s likely that you’ve borrowed someone else’s car, whether simply to run an errand or for a longer period while your car is in the shop. You may not have given any thought to the consequences of being in an accident. 

However, under Florida law, the car owner may be liable for damages caused by a collision you were involved in while driving their vehicle. Learn more about your legal rights and the different kinds of insurance coverage that may protect you if you borrow someone else’s car.

Florida Insurance Laws If You Borrow Someone Else’s Car

Florida is a no-fault car insurance state, which means that each party’s initial damages, both medical bills and lost wages, come from their own Personal Injury Protection (PIP) coverage. PIP covers the driver and any passengers of the vehicle up to the policy limits, no matter who was at fault for the collision.

PIP is your primary source of benefits if you’ve been involved in a car accident and covers:

  • Any family members in your house who may have been hurt in a car collision
  • Passengers in the vehicle involved in the crash
  • Someone else driving your car
  • Any bicyclists or pedestrians struck by the vehicle

Therefore, if you are driving someone else’s car and are involved in an accident, you can submit your claim to the car owner’s insurance company. The other vehicle occupants will submit claims to their respective PIP insurance companies. If you have PIP insurance, you may also be entitled to file a claim with your own PIP insurance company.

Florida Car Owners are Responsible for All Operators of Their Vehicles

No-fault laws in Florida aim to reduce the number of personal injury lawsuits. However, that doesn’t mean that the driver who caused the accident won’t be liable for damages.

The at-fault driver (usually determined by the police report and other evidence) may be sued if at least one of the following circumstances occurred:

  • There was a fatality in the accident
  • Someone experiences the significant or permanent loss of an important body function, like losing a limb
  • Significant and permanent scarring resulted from the accident
  • An individual experiences a permanent injury (as defined by a physician)

Vehicle owners in Tampa may be held liable for an accident caused by someone else driving their car if:

  • They owned the car involved in the collision
  • The owner allowed another party to drive the car
  • The party driving the car operated it negligently and caused injuries to another party

Think carefully about entrusting the operation of your motor vehicle to another party. Any negligent action they take, from texting and driving to driving under the influence, can make you liable for a wreck they cause.

Exceptions to Florida Vehicle-Owner Liability

Permission to drive the car may be explicit — as in, “you may drive my car.” Or it can be implied — if your child uses the family car to drive to football practice every Tuesday, it might be implied that they would be able to use the vehicle for each practice without being told explicitly. 

Suppose the car owner is proven to have permitted the vehicle’s use, either explicitly or implicitly. In that case, Florida law limits the owner’s liability for the driver’s negligence, with a limit of $100,000 for the injuries to one person and up to $300,000 per incident.

Contact Our Car Accident Law Firm in Tampa, FL for Help if You Were Hit While Driving Someone Else’s Car

Florida’s insurance and personal injury laws are complex and can be confusing to navigate. After getting into a car accident, the best course of action is to contact an experienced personal injury attorney to discuss your situation and your legal options. You may have several insurance claims available to you, and may even be entitled to file a personal injury lawsuit. 

If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa car accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.

Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656

We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.