What Happens if Someone Else Is Driving My Car and Gets in an Accident in Colorado?

Key Takeaways

• Car insurance generally follows the vehicle when a permitted driver uses your car.
• Coverage may be denied for unauthorized, excluded, or intoxicated drivers.
• Colorado generally requires the at-fault driver’s insurance to cover crash damages.
• Secondary insurance coverage may apply if primary policy limits are exhausted.
• Vehicle owners typically file the insurance claim with their own insurer.

Handling a car accident claim in Colorado when someone else was driving your car can be complicated. An insurance company may use this fact to try to avoid paying you for the crash. It is important to understand your rights under state insurance laws in this type of case. With help from a Fort Collins car accident attorney, you can ensure a fair financial recovery.

Does Car Insurance Apply if Someone Else Was Driving My Car?

The short answer to this question is yes. Car insurance is tied to the vehicle, not the driver. If you permitted someone else to drive your car, your insurance will most likely cover the accident according to the limits and terms of your policy. The fact that someone else was driving your car should not negatively affect your claim, as long as the person had your permission to drive and is not specifically excluded from your policy.

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Exceptions to Coverage

There are certain situations where an insurance company will deny a claim based on the fact that someone else was driving your car. The first is if the person driving your car was doing so without your permission. Your car insurance company will not pay for a crash caused by an unauthorized driver. In this situation, you may be able to sue the individual who took your car without your permission and wrecked it.

The second example is a driver who is specifically excluded from coverage under the terms of your car insurance policy. Your insurance provider may have listed exclusions to coverage in the language of your policy, such as a high-risk driver, unlicensed driver or someone in your household that you asked your company not to insure.

Finally, your car insurance company may reject a claim if the person driving your car was intoxicated or under the influence at the time of the collision. Many car insurance policies exclude accidents where the insured party was intoxicated. Even if the accident was not your fault, you may struggle to get a settlement if the person who crashed your car was drunk.

Secondary Coverage

If someone else was behind the wheel when your car was involved in an accident, more than one insurance policy may be available to help pay for medical bills and property damage. You can begin by filing a claim with the at-fault party’s car insurance provider. In Colorado, the person responsible for causing a car accident must pay for related damage under the “fault-based” law.

If the at-fault party does not have adequate insurance or the person driving your car was at fault, rely on your own car insurance policy for coverage. Secondary coverage may also be available from the driver’s personal auto insurance policy. This could be accessible to you if the limits on your own policy are met.

How to Handle This Type of Auto Insurance Claim in Colorado

As the owner of the vehicle and the insurance policyholder, you will need to contact your provider to file a claim. You may be responsible for paying a deductible if you use collision or comprehensive coverage to pay for your losses. If the person driving your car was at fault, you may also face claims against your policy from another driver.

If the damages sustained exceed the coverage on your policy, you could potentially apply for secondary coverage from the other parties involved. Read the terms of your insurance policy to understand how it will handle permissive use of your car. If you need assistance navigating the insurance process in this unique situation, don’t hesitate to contact a trusted car accident attorney at Cannon Law.

Sam Cannon

Sam Cannon is a dedicated personal injury attorney representing individuals against large corporations and insurance companies. As the founder of Cannon Law, he has built his practice around advocating for injured individuals in complex cases, including traumatic brain injuries, carbon monoxide poisoning claims, and insurance bad faith disputes.

Years of Experience: 10+ years
Colorado Registration Status: Active and authorized to practice law
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