I was driving my friend’s car and was hit by someone else. Do I still have a claim?

I was driving my friend’s car and was hit by someone else. Do I still have a claim?

If you weren’t at fault and you and your friend have car insurance then yes, you still have a claim.

Driving someone else’s car does not change that you were the victim and need to be compensated for your injuries. The at-fault driver needs to reimburse you for the damages they caused you. This normally happens through the at-fault driver’s car insurance.

In all car accidents, we recommend you do the following:
1. Call the local police department and report the accident.
2. Seek medical attention.
3. Take pictures and document everything.
4. Call Earl and Edwards, PLLC

What if the at-fault driver didn’t have insurance?

This is more common than it should be. If the at-fault driver does not have insurance, first look to see if the car you were driving is insured with Uninsured Motorist coverage or Underinsured Motorist Coverage. It is often designated as “UM/UIM” on the insurance declaration page. If the vehicle you were driving has this coverage, then it coverage will help pay for your injuries.


What if the at-fault driver and the car I was driving didn’t have insurance?

If neither the person who hit you nor the car you were driving has insurance, then you can look to your own auto insurance coverage to see if you have UM/UIM. If your own auto insurance has this coverage on a vehicle you own, then it will apply to you even if you weren’t driving your own vehicle in the accident.

Can I use my friend’s car insurance policy if they have Personal Injury Protection?

Personal Injury Protection coverage, or PIP coverage, is insurance that covers out-of-pocket expenses, lost wages, and most importantly, medical treatment. Most insurance policies that include PIP coverage will cover a driver who has permission to use the vehicle, even if the person is not named in the policy. We can help you determine whether you are covered with your friend’s insurance carrier.

If I have PIP on my own car insurance policy, can I use it?

Personal Injury Protection from your own insurance policy will allow you to have your medical bills, out-of-pocket expenses, and lost wages paid for even if you are in an accident in someone else’s car. PIP coverage is considered a “no-fault” coverage that applies to the named insured and is not specifically attached to a vehicle.


In Summary

Even if you were driving a friend’s vehicle or a vehicle that wasn’t yours and you were injured you still have a claim and are entitled to compensation for your injuries. PIP or UM/UIM coverage is available to help you. Check that the at-fault driver has insurance first, then check if your friend has UM/UIM coverage on their car, then finally check your own car insurance for UM/UIM coverage.