Borrowed a car and got into a wreck, now you’re staring at bills, repair estimates, and maybe even medical care. As a Louisiana car accident lawyer, I was recently asked, “Whose insurance pays if I wreck while driving a borrowed car?” The answer matters a lot when Louisiana’s at-fault rules apply. Let’s break it down.
Whose Insurance Pays if I Wreck a Borrowed Car?
In most U.S. states, especially Louisiana, the car owner’s insurance is primary, even when you’re driving. If you’re permitted and not excluded, their policy covers damages up to its limit; your insurance kicks in secondarily, filling gaps or covering excess.
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FREE Confidential Case Review (985) 240-9773The Big Principle: Insurance Follows the Car
In most cases, when you borrow someone’s car, the owner’s insurance policy is the first line of defense. That policy typically covers vehicle damage, medical bills, and injuries, but only if you had permission to drive.
- Permission can be written or verbal.
- Without permission, the owner’s insurer could deny coverage.
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FREE Confidential Case Review (985) 240-9773What If the Owner’s Policy Isn’t Enough?
If the crash results in bills that go past the owner’s limits:
- Your own auto insurance might cover the extra costs.
- This works like it would if you were driving your own car.
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FREE Confidential Case Review (985) 240-9773What If the Crash Wasn’t Your Fault?
Louisiana follows a comparative fault-based system. That means the driver who caused the crash is responsible, regardless of whose car you were in.
- You can file a claim against the at-fault driver’s insurance.
- They must cover your injuries, car damage, and losses.
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FREE Confidential Case Review (985) 240-9773Multiple Policies Can Apply
Some crashes involve several policies:
- Owner’s insurance – primary
- Your policy – may help if limits are exceeded
- At-fault driver’s policy – liable for the crash
Insurance companies sometimes argue over who pays first. This can delay your claim. You could be stuck in the middle unless you have legal help.
Do You Have the Right to Claim Against the At-Fault Driver?
Yes. Even if you were borrowing the car, Louisiana law says the at-fault driver is responsible. Their insurer must pay for your injuries and losses.
Should You Notify All Insurers?
Yes. You should notify:
- The owner’s insurer
- Your own auto insurer
- The at-fault driver’s insurer
How Does It Work With Rental Cars?
Rental cars follow similar rules:
- The rental company’s policy is usually primary.
- Your personal auto policy or credit card may provide backup.
Can the Owner’s Insurer Deny Coverage?
Yes, if:
- You drove without permission.
- You were an excluded driver on the policy.
- You violated the policy (driving under the influence, etc.).
What to Do After a Crash in a Borrowed Car
- Get medical attention if needed.
- Exchange insurance and contact info.
- Notify your insurer and the owner’s insurer.
- Tell them you had permission to drive the car.
- Call a Louisiana accident lawyer for help.
Why You Should Call a Lawyer
If policies overlap, or insurers refuse to pay, you need legal help. The attorneys at LJBLegal know how to fight insurance companies and make sure you’re covered. They’ll talk to all parties for you and work to get the best outcome possible.
Quick Recap: Who Pays?
Step | Coverage Source | When It Applies |
---|---|---|
1 | Owner’s insurance | If you had permission |
2 | Your auto insurance | If owner’s coverage runs out |
3 | At-fault driver’s insurance | If they caused the crash |
If you’re wondering “Whose insurance pays if I wreck while driving a borrowed car?”, here’s your answer:
- Insurance follows the car. The owner’s policy usually pays first.
- Your own policy may help next.
- If another driver caused the crash, their policy must pay.
But when multiple insurers get involved, it can get messy fast. That’s when the right legal help makes a difference.
The attorneys at LJBLegal take your situation seriously. We know the system. We’ll deal with the insurance companies and help you recover fully. You’re not just a claim to us, you’re a person who deserves support and respect.