We never know when a car accident will happen. It can occur at any time of the day or night in any number of situations. However, what happens if you are involved in an accident while driving a friend's vehicle? Who is held liable for damages? There are many questions that might arise in this situation depending on things like insurance coverage and legal responsibilities, and that can make lawsuits more complex. Let's take a look at who is liable and how a car accident injury in Knoxville might go about proving it.

Understanding Liability in Car Accidents

Following any kind of auto accident, one of the key concerns of a car accident injury lawyer in Knoxville is determining liability. In simple terms, liability refers to the legal responsibility for the accident and any related damages. In most cases, the driver who caused the accident is liable, but things can get a little more complicated when they are not the vehicle's owner. As a general rule, the driver is responsible for any injuries or damage that they cause. The driver is in control of the vehicle and is responsible for operating it safely, and has a duty of care to other road users. However, there are some situations where owner liability comes into play, and the registered owner either takes sole or shared liability for the accident. These situations include the following:

  • Negligent Entrustment - If the vehicle owner knowingly allows someone incompetent, reckless, or otherwise unfit to drive their vehicle, a car accident injury lawyer in Knoxville may push for owner liability based on negligent entrustment. For example, allowing an intoxicated individual or someone with a suspended license to drive your vehicle is considered negligent, and you would assume responsibility for the accident.
  • Vehicle Maintenance Issues - If a car accident injury lawyer in Knoxville can prove that the accident was caused by neglect or poor vehicle maintenance, the owner can be held liable for the accident and injury or damages caused. This is because a vehicle owner is responsible for always ensuring their vehicle is in safe operating condition.
  • Employer-Owned Vehicles - If the accident is caused by an employee who is using a vehicle owned by their employer, the company may be at least partially liable for the accident under what is known as vicarious liability.

Let's Talk About Insurance

It isn't just your car accident injury lawyer in Knoxville who will be looking at liability, insurance providers will also be actively working to determine who is at fault. In most cases, the car owner's insurance policy goes with the car rather than the driver, so it would be the policy that comes into play even if someone else is driving. However, the driver's own insurance may also come into play as secondary cover, especially if the damages exceed the upper limit of the owner's policy.

Permissive Use

Permissive use in car insurance refers to a situation where the policyholder allows someone not listed on the insurance policy to temporarily use their insured vehicle. In this context, the person driving the car with permission (referred to as a permissive user) may still be covered by the car owner's insurance, depending on the policy terms. It is important to note that permissive use policies often include limitations such as:

  • Reduced Coverage: Some insurance companies provide only partial coverage for permissive users (e.g., lower liability limits or no coverage for physical damage to the car).
  • Exclusions: Certain drivers (e.g., those with a poor driving record or who live with the policyholder but are not listed on the policy) may not qualify for permissive use coverage.
  • Frequency of Use: If the person drives the car regularly, insurers may require them to be explicitly listed on the policy.
  • Liability Priority: The car owner's insurance is typically considered primary, meaning it pays first in case of an accident involving a permissive driver. However, if damages exceed the policy limits, the permissive driver's insurance (if they have their own) may serve as secondary coverage.

The Role of a Car Accident Injury Lawyer

When you are involved in a car accident driving your friend's vehicle, a car accident injury lawyer in Knoxville can offer assistance in a number of different ways. Primarily, they will clarify who is liable for the accident by combing through a variety of evidence, including police reports, witness testimony, video footage, and other relevant information. Your car accident injury lawyer in Knoxville will also help by liaising with the opposing attorney and the insurance companies. It can be tricky to deal with insurers as they are always looking for a way to not pay out damages and are known to manipulate communication. Your lawyer is experienced in these tactics and will not allow it to jeopardize your claim.

In conclusion, understanding liability in car accidents involving someone else's vehicle can be complex, with factors like permissive use, negligent entrustment, and insurance coverage playing significant roles. Whether you're the driver or the vehicle owner, it's essential to know your responsibilities and rights to navigate these situations effectively. Seeking guidance from an experienced car accident injury lawyer in Knoxville can make a world of difference, ensuring that liability is determined correctly, insurance claims are handled fairly, and your interests are protected. Having a knowledgeable advocate is key to achieving the best possible outcome when faced with the unexpected.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law Birth Injury LawTrucking Accident LawPersonal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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