What Should You Do If You’re Hit While Driving Someone Else’s Car?

Borrowing someone else’s car may seem simple. It is not as simple when another driver crashes into you. 

Suddenly, a basic car accident raises an extra question: Whose insurance pays when you are driving a vehicle you do not own

In Pennsylvania, the answer depends on several factors. Your own insurance coverage may apply to some losses. The vehicle owner’s policy or the at-fault driver’s insurance may cover others. Pennsylvania’s unique first-party benefit and tort-option rules can make these cases especially confusing. 

Start With What You Would Do After Any Other Accident

Driving a borrowed car does not change the basic steps you should take immediately after a collision. First, check yourself and your passengers for injuries. Call 911 when anyone needs medical assistance or when circumstances require police involvement. 

If you can do so safely, gather information at the scene. 

This may include: 

  • The other driver’s name and contact information 
  • Driver’s license information 
  • Insurance information 
  • License plate numbers 
  • Photographs of the vehicles 
  • Pictures of the surrounding roadway 
  • Witness names and phone numbers 

Tell the vehicle’s owner about the accident as soon as possible. The owner may need to report the crash to their insurer, even if you did nothing wrong. 

You should also seek appropriate medical attention. Some accident injuries become more noticeable hours or days after the collision. 

Whose Insurance Pays Your Medical Bills? 

This is where Pennsylvania law becomes important. Pennsylvania uses a system of first-party benefits for certain accident-related losses. Auto policies must provide at least $5,000 in medical benefits, and drivers can purchase higher limits. 

The fact that you were driving someone else’s vehicle does not automatically mean that the vehicle’s insurance pays your medical bills first. 

Pennsylvania law establishes an order for determining which policy provides first-party benefits. A named insured generally looks first to the policy on which that person is named. An insured looks to the policy covering that person. The policy covering the occupied vehicle comes later in the statutory order. 

For instance, suppose you have your own Pennsylvania auto policy, but are driving your friend’s car when another driver hits you. Your own insurance may be the first place to look for benefits. If you do not have coverage, the analysis can change. 

This is why an attorney should review all potentially available policies instead of assuming the borrowed vehicle’s insurance automatically controls everything. 

What About Damage to the Borrowed Car? 

Vehicle damage presents a different issue. If another motorist caused the collision, you may be able to pursue a property damage claim against that driver’s liability insurance. 

Pennsylvania requires drivers to maintain property damage liability coverage. The minimum required property damage limit is $5,000. However, drivers can purchase higher limits. 

Because you do not own the damaged vehicle, the owner will usually play an important role in resolving the property damage portion of the claim. 

Does It Matter Whether You Had Permission to Drive the Car? 

Absolutely. The fact that you were driving someone else’s vehicle does not necessarily create an insurance problem if the owner knowingly allowed you to use it. The specific insurance policy still needs to be reviewed because policies can contain exclusions and restrictions affecting who is covered. 

The situation becomes more complicated if you: 

  • Took the vehicle without permission 
  • Were specifically excluded from the policy 
  • Regularly used the vehicle without being properly listed 
  • Used the vehicle for a purpose excluded by the policy 
  • Were driving for certain commercial purposes 

Never assume that coverage exists simply because the vehicle itself was insured. 

What If the Other Driver Caused the Accident? 

Driving someone else’s car does not take away your right to hold a negligent driver accountable If another motorist caused your crash through negligence, you may have a personal injury claim. 

Depending on your case, economic and non-economic compensation could include: 

  • Medical expenses 
  • Lost income 
  • Reduced earning capacity 
  • Future medical treatment 
  • Pain and suffering 
  • Emotional distress 
  • Physical impairment 
  • Other accident-related losses 

The fact that someone else owns the vehicle you were driving usually does not determine who caused the collision. Liability depends on the conduct that led to the accident. 

Contact Marzzacco Niven & Associates After a Pennsylvania Car Accident 

Getting hit while driving someone else’s car doesn’t mean you are left without insurance coverage or the right to pursue compensation. 

If you were injured while driving a friend or family member’s vehicle, you still have legal rights. We can review the insurance policies, investigate the accident, and help you pursue the compensation available under Pennsylvania law. 

Contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963