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Liability in a Crash Caused by a Driver in a Borrowed Car

Posted on behalf of RizkLaw on Nov 29, 2019 in Auto Accident

handing keys to driverCar accidents are often frightening and frustrating, but when a borrowed vehicle is involved, the situation can be even more confusing. 

The licensed Hillsboro car accident lawyers at Rizk Law have detailed knowledge of liability for car accidents and how to pursue insurance compensation. We have helped many victims obtain compensation for damages. Schedule a free legal consultation today.

Does Insurance Follow the Car or the Driver?

Car insurance policies are under the name of the owner, but they will generally only apply to the vehicle that is covered. If you get in another vehicle that someone else owns, your car insurance may not follow you.

However, if you lend your vehicle to a friend and the friend gets in an accident, your car insurance may apply. If you borrow someone else’s car, you may be covered under the policy that covers the vehicle, not your own insurance policy.

Keep in mind that many car owners only keep the bare minimum of insurance, so if you are injured in an accident, there may not be adequate insurance to cover your losses.

Car Insurance Requirements in Oregon

Minimum insurance requirements in Oregon include:

  • $25,000 liability coverage for bodily injury or death of one person in an accident caused by the owner or driver of the insured vehicle
  • $50,000 liability coverage for total bodily injury or death liability in one accident caused by the owner or driver of the insured vehicle
  • $20,000 liability coverage for property damage per accident caused by the owner or driver of the insured vehicle
  • $15,000 personal injury protection coverage per person
  • $25,000 of uninsured motorist coverage for an accident caused by a driver without insurance
  • $50,000 of uninsured motorist coverage for total bodily injury or death per accident caused by a driver without insurance

Typically, liability coverage applies if a family member is driving the vehicle or if you have granted someone permission to use your vehicle.

Personal injury protection pays for your medical expenses and follows you if you are a passenger in another vehicle or you are hit as a pedestrian. It may also cover passengers in your vehicle.

Uninsured motorist coverage pays for the damages you incur if you are hit by a driver without insurance or if you are injured in a hit-and-run accident.

Who is Liable for Damages if the At-Fault Vehicle Was Uninsured?

Oregon is an at-fault state meaning the person who is found at fault for the accident is ultimately responsible for the damages that ensue. Therefore, if a vehicle was uninsured, the party who caused the accident will be responsible for the damages.

However, since the other driver lacks insurance, you may be able to file a claim against your uninsured motorist coverage.

Recovering Damages if You Are Injured in an Accident Caused by an Uninsured Vehicle

If you are injured in an accident caused by a driver of an uninsured vehicle, you may be able to make a claim against your own uninsured motorist coverage. If your damages exceed coverage, you can discuss filing a lawsuit against the at-fault party with an experienced personal injury lawyer.

Contact Rizk Law for Help

If you were involved in a car accident in an uninsured or borrowed vehicle, it is important that you take immediate steps to protect your legal rights. The dedicated lawyers at Rizk Law are prepared to help you seek compensation for the damages you have suffered. Contact us today to schedule a free, no-obligation case consultation.

Call now for a FREE case evaluation!