If you have suffered an injury in a New York City car accident, one of the first questions that tends to surface is surprisingly complicated: Who is responsible for paying for what I’ve just been through, and what I will face because of this crash?
The answer to this question seems less apparent when the at-fault driver does not own the vehicle they were driving at the time of the collision. Typically, the vehicle owner’s insurance coverage will apply to your accident. If that insurance does not provide enough compensation, the at-fault driver’s coverage may then kick in.
At The Perecman Firm, we regularly represent people who suffered an injury in crashes involving drivers who were not the registered owners of the vehicles they were driving. We are well-versed in New York’s unique insurance and liability laws, and we will utilize that knowledge to fight for the compensation you deserve.
Do not wait to call The Perecman Firm or contact us online. Your consultation is free, and you will face no pressure to hire us. Let’s discuss your accident and explore how we can help you pursue fair compensation.
Key Takeaways: Liability in a Car Accident Owner vs. Driver
- Liability for a car accident does not always rest solely with the driver who caused the crash, especially when they were driving someone else’s vehicle.
- New York law often allows injured victims to pursue claims against vehicle owners as well as at-fault drivers.
- The insurance policies that apply to your accident depend on who caused the crash, who owns the vehicle, whether the at-fault motorist had permission to drive the vehicle, and various other factors.
- Similar considerations apply if you elect to file a lawsuit after the car accident.
- These cases are undoubtedly complicated, and you should not hesitate to retain a New York City car accident lawyer from The Perecman Firm.
- Call us today or contact us online to initiate your free consultation with our intake team.
Circumstances in Which an At-Fault Driver May Not Be the Vehicle Owner
Cars are a finite resource in New York City, where many residents use the subway, Uber, bicycles, scooters, and their own two feet as primary modes of transportation. When someone needs a vehicle, it’s pretty common for them to borrow one.
This borrowing culture also means that in New York City, it is common for someone to be injured by a driver who does not own the car they were driving. The car accident lawyers at The Perecman Firm are familiar with accidents involving:
- A friend borrowing another person’s car
- A family member driving a relative’s vehicle
- An employee operating a company car or delivery vehicle
- A rideshare driver using a personally owned or leased car
- A rental car being driven by a permitted renter
- A vehicle owned by one entity but maintained by another
Typically, these parties have permission to drive the vehicle that they subsequently cause a crash with. Yet, that’s not always the case. In cases where the vehicle owner did not authorize the driver to operate the vehicle, the question of fault and liability can become even more complex.
Who Is Liable for an Accident Involving a Borrowed or Shared Vehicle in New York City?
More than one party, and more than one insurance provider, may ultimately owe you compensation for your accident-related damages.
Let’s start with the vehicle’s owner.
New York follows a legal doctrine that holds vehicle owners responsible for the negligence of permissive drivers. That statute states that “Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle.”
It means that if the owner allowed someone else to drive their vehicle, the owner will likely share liability for any injuries caused by that driver.
From a practical standpoint, this matters because:
- Vehicle owners in New York are required to have auto insurance (meaning that at least some amount of insurance coverage should be available to you).
- Even if the at-fault driver lacks insurance or has insufficient coverage, the owner’s policies expand the pool of compensation you may draw from.
- Vehicle owner liability reduces the likelihood that you may face direct, out-of-pocket expenses as a result of the accident.
- The vehicle owner may also be named as a defendant in any crash-related lawsuit you file.
At The Perecman Firm, we examine ownership records, applicable insurance policies, the relationship between the vehicle owner and driver, and whether the at-fault driver was operating the car with the owner’s permission. This evaluation process will help us determine who is liable for the cost of your crash.
Whose Insurance Applies When the Driver Is Not the Owner?
Insurance coverage is one of the most critical (and confusing) aspects of these cases. As we stated, the vehicle owner’s auto insurance policy is typically the first source of coverage after a collision involving a borrowed vehicle. However, that’s not the only policy that may apply to your losses.
Here are some basic facts to know about insurance coverage in circumstances like yours:
- The vehicle owner’s insurance is the first policy to apply
- The at-fault driver’s personal insurance may provide secondary coverage
- Commercial policies may apply if the vehicle was being used for work
- Rental or rideshare policies may apply depending on how the car was being used at the time of the crash
This multi-layered insurance framework often leads to disputes between insurers. Each company looks for ways to minimize its financial exposure and may try to shift financial exposure from itself to another insurance provider.
Our role is to step in, enforce policy obligations, and ensure you receive all the compensation you deserve.
Who Might Be Personally Liable for the Cost of a Car Accident Involving a Borrowed Vehicle?
Insurance coverage does not always fully compensate an injured person. When damages exceed policy limits or coverage is denied, the at-fault parties may be held financially responsible for the judgment.
Your New York City car accident attorney may need to seek compensation from the vehicle owner, at-fault driver, or other non-insurer liable parties if:
- Policy limits are too low to cover accident-related losses.
- An insurer denies coverage.
- The driver was acting outside of the vehicle’s permitted use.
- Multiple victims are competing for limited coverage, leaving one or more victims needing more compensation than that coverage provides.
When our client needs compensation that insurance is not providing, we pursue every legally available avenue, including personal assets and additional insurance layers.
Who May Be Named as a Defendant in a Car Accident Lawsuit?
Defendants in car accident lawsuits in New York City often include more than just the driver and the vehicle owner.
If you ultimately choose to file a lawsuit after your accident, potential defendants may include:
- The at-fault driver
- A vehicle owner who permitted someone else to use their vehicle (New York law “attributes to the owner any negligence in the use or operation of a motor vehicle by any person using or operating the motor vehicle with the permission, express or implied, of the owner.”)
- An employer whose worker caused the crash while on duty
- Rideshare companies (though they try to protect themselves from liability for contractors’ accidents)
- A vehicle maintenance company
- A parts manufacturer
- Government entities responsible for unsafe road conditions
The Perecman Firm’s long history of handling complex personal injury cases enables us to quickly identify liable parties and hold them financially responsible when necessary.
There Can Be Unique Challenges When the At-Fault Driver Does Not Own the Vehicle Involved in the Crash
Cases involving non-owner drivers often present unique challenges. Insurance companies frequently exploit these complications to delay claims and deny responsibility.
Some of the challenges we are ready to address for you are:
- Disputes over whether the driver had permission to use the vehicle
- Conflicting insurance policies and coverage-related arguments
- Attempts to blame the victim for their role in the accident
- Difficulty obtaining vehicle records and crash-related contracts
- Corporate defendants employing hard-charging legal defenses
In a city as busy and fast-moving as New York, evidence can disappear quickly. In cases where multiple parties may be liable, more evidence may be relevant. The sooner you engage The Perecman Firm, the sooner we can begin securing evidence and making sense of the complex picture of liability.
How Our New York City Car Accident Lawyers Build Strong Cases for Our Clients
At The Perecman Firm, we approach every case with the expectation that liability will be challenged. This is all the more true when someone who did not cause the crash owns the vehicle.
We must compose an airtight case that withstands such challenges, and we do that by:
- Conducting a thorough accident investigation
- Obtaining police reports and other supplemental records
- Identifying all insurance policies that may cover your losses
- Securing witness statements, video, and other evidence supporting your case
- Reviewing ownership and employment documentation to identify every liable party
From there, we develop a narrative supported by facts that clearly establishes fault and financial responsibility. We can then negotiate for the entire sum of compensation to which you are entitled. Should your case lead to trial, we will take our formidable litigation experience to the courtroom.
Damages New York City Car Accident Victims May Recover Compensation For
Regardless of who ultimately pays, accident victims are entitled to seek compensation for the full scope of their losses. These damages are not limited to immediate medical bills, as they may also include:
- All medical bills you will face in the future
- Rehabilitation-related costs
- Lost income
- Diminished earning power
- Loss of bonuses, overtime pay, benefits, and other professional perks
- Post-traumatic stress disorder, anxiety, depression, and other psychological and emotional effects of the crash
- Physical pain
- Vehicle and property repair or replacement costs
We work closely with medical professionals, economists, and vocational experts to present a complete picture of how the accident has impacted the victim’s life.
Questions We Hear Often from Clients Injured in Borrowed-Vehicle Accidents
Questions are the common thread that binds each of our clients. Some of the questions we hear most often from clients involved in crashes like the one you’ve been in are:
Can both the driver and the vehicle owner be sued simultaneously?
Yes. New York law often allows claims against both parties when the driver had permission to use the vehicle. These may not be the only parties named in any lawsuit you ultimately pursue.
What if the driver was uninsured, but the vehicle owner had coverage?
The vehicle owner’s insurance may still apply to your losses, depending on policy terms and permission. If that insurance coverage does not account for all your losses, we will explore other options, including filing a lawsuit.
Does it matter whether the at-fault driver had permission to borrow the vehicle?
It does. We will need to evaluate whether the at-fault driver had permission to drive the vehicle, as this can affect which insurance policies apply and who can be named in a lawsuit.
Call a Car Accident in New York City to Protect Your Rights
If you suffered an injury in a crash and are unsure who is legally responsible, we have the answer you seek. The Perecman Firm has spent decades standing up for injured New Yorkers and holding negligent parties accountable.
Our contingency-fee agreements mean you don’t have to pay any upfront or out-of-pocket costs for our service. We get paid based on results because our clients deserve effective representation.
New York’s statute of limitations places strict deadlines on filing car accident lawsuits. Time has a way of slipping by after accidents, and missing your filing deadline can leave you facing out-of-pocket costs stemming from the accident.
We invite you to contact us for a free consultation to discuss your case and how our team will fight for the compensation you deserve. We have recovered nearly $1 billion for our clients, and we are the firm to pick your New York City car accident attorney from.