If someone injured you with someone else’s car, you can seek damages through the car owner’s insurance policy. If your injuries and losses exceed the provided coverage limits, you can file a personal injury lawsuit against the vehicle owner or the negligent driver.
Understanding your rights and the legal process involved is crucial in ensuring you receive the compensation you deserve. A Charlottesville car accident lawyer can help you identify all liable parties and pursue them for fair compensation.
Key Legal Considerations When Someone Injures You With Someone Else’s Car
A Charlottesville personal injury lawyer can explain the laws that apply in a collision involving a driver who does not own the car they were driving. In a traditional motor vehicle accident, the liable party is responsible for covering the injury victim’s damages.
This is because Virginia follows fault insurance laws under Virginia Code § 38.2-117. The details of your case will matter when someone injures you with someone else’s car.
Insurance Coverage
The first step is to determine the insurance coverage available for the vehicle involved in the accident. The car owner’s insurance policy may provide coverage for injuries caused by the vehicle, even if the driver was not the owner.
This can include liability coverage, which is designed to pay for damages to other parties when the insured driver is at fault.
Owner vs. Driver Liability
In Virginia, both the car owner and the driver may be held liable for your injuries, depending on the circumstances of the accident. If the driver was negligent while operating the vehicle, you can pursue a claim against their insurance policy.
Additionally, if the car owner allowed an unfit driver to use their vehicle, they could also share liability.
Contributory Negligence
Virginia follows a strict contributory negligence rule, which means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages.
Because of that, Virginia makes it essential to establish a clear understanding of the circumstances surrounding the accident and to gather evidence that supports your claim of the other party’s fault.
Filing a Claim
Filing a claim with the car owner’s insurance can be a straightforward process, but it is important to act quickly. Insurance companies often have strict deadlines for filing claims, and delays can jeopardize your ability to recover damages.
Be prepared to provide detailed documentation of your injuries, medical treatment, and any other losses incurred as a result of the accident.
Pursuing Legal Action
If the damages exceed the coverage limits of the car owner’s insurance or if liability is disputed, you may need to consider filing a personal injury lawsuit.
This legal action can be directed at both the driver and the vehicle owner, allowing you to pursue full compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
For a legal consultation with a personal injury lawyer, call 434-817-3100
How a Car Accident Lawyer Can Help if Someone Injures You With Someone Else’s Car
Navigating the aftermath of an accident where you were injured by someone driving another person’s car can be complex. An experienced attorney can significantly improve your chances of a successful outcome. Here’s how a lawyer can assist you:
- Understanding your rights: A knowledgeable attorney will clarify your legal rights and options and explain how Virginia’s fault insurance laws apply to your situation.
- Investigation and evidence gathering: Your lawyer will conduct a thorough investigation and gather essential evidence, such as police reports, witness statements, and medical records, to establish liability.
- Determining liability: They will analyze the circumstances to identify all potentially liable parties, including the driver and the car owner, ensuring a comprehensive approach to your claim.
- Calculating damages: An attorney will assess the full extent of your damages, including medical expenses and lost wages, to ensure you pursue all available compensation.
- Negotiating with insurance companies: Your lawyer will handle negotiations with the insurance companies, advocating for a fair settlement that reflects the true value of your claim.
- Filing legal documents: If necessary, your attorney will prepare and file a personal injury lawsuit, ensuring all documents are submitted correctly and within the required timelines.
- Representing you in court: Should your case go to trial, your lawyer will represent you, presenting a compelling case and striving for the best possible outcome.
While you concentrate on healing from your physical injuries, a lawyer can handle your legal case. They can investigate your collision, gather evidence, and communicate with all liable parties, including their insurers and legal representatives.
Call Martin Wren, P.C. for Help if You Suffered Injuries in a Car Accident
If you suffered injuries in a collision involving a driver who was operating someone else’s car, pursuing compensation can get complicated. You don’t have to do it alone.
At MartinWren, P.C., our lawyers are committed to advocating for your best interests after an injury caused by someone else’s vehicle. Our experienced car accident attorneys will guide you through the complexities of your case, seeking the compensation you deserve.
Call us today for a free consultation. We have helped thousands of clients like you.
Call 434-817-3100 or complete a Case Evaluation form
