Can You Sue a Driver in a Borrowed Car in Virginia?

Can You Sue a Driver in a Borrowed Car in Virginia?

By:
Stephen M. Smith
|
Last Updated:
December 1, 2019
Best Law Firm logo
Suing a Driver in a Borrowed Car.

Drivers who are in their own cars are covered by their personal auto insurance if they are hurt in an accident. But, what happens when we drive a borrowed car or allow a friend or a family member to use our car? If we are hit by someone who is not the car owner can we sue a driver in a borrowed car in Virginia?

The key issue under Virginia law is that of permission. Virginia law deals with liability insurance under Virginia Code § 38.2-2204. It requires the driver that borrowed the car to have the permission of the owner to be protected by insurance coverage.

People who are hurt by a vehicle driven by someone with permission should experience few issues in making a claim against the car owner’s insurance policy if the other driver was to blame.

However, these cases can be complicated. It makes sense to talk to a seasoned Virginia car accident lawyer.

What Happens When an Accident Involves a Borrowed Car in Virginia?

If the driver borrowing a car has the owner’s permission, the owner’s insurance will provide coverage.  Insurance policies typically say the driver is covered if he or she has the expressed or implied consent of the person named in the policy.

If the driver who is borrowing the vehicle has their own insurance policy, this policy can provide additional coverage on top of that taken out on the borrowed vehicle.

The Virginia code also says the driver who is borrowing the car has to remain “within the scope” of the permission to be covered in the event of an accident.

This can complicate matters after a wreck. It means the person who borrows the vehicle has to abide by the owner’s terms. If the owner, for example, tells the driver he can only use the car to drive to York County and back, driving it to Washington D.C. is not within the scope of the permission. If the driver caused an accident in Washington D.C., the victim would likely not be able to make a claim on his insurance.

In scenarios when the driver is acting outside of the scope of his permission, the driver’s own insurer may argue he was not covered. It’s, therefore, a troubling scenario for any accident victims.

Use of a Parent’s Car by a Teenager?

If your teen son or daughter takes your car without permission, any accident victims are not able to rely on the parents’ car insurance policy unless the teen is included on a family policy.

However, if a teen has the parent’s permission to take the car, any victims of an accident can make a claim against the parent’s policy if the teen driver was at fault for the accident.

A more complicated scenario is when the teen loans the car to a friend. Usually, the person who borrows the car from a teen can rely on the teen’s permission to borrow the car and is covered by the parents’ insurance policy. Under a 2011, case in Virginia, a teen may even be able to rely on implied permission to borrow the car.

Virginia law also suggests the person who borrows a car or truck may be able to rely on that permission even if the parent told his or her teen the car was for their sole use.

This rule provides some redress to accident victims in cases where the person who borrowed the car believed he had permission to use it, even though it’s an alarming situation for parents.

Talk to a Hampton Lawyer About Suing a Motorist Who Caused a Crash in a Borrowed Car

In most situations, a victim can sue a driver in a borrowed car in Virginia. However, the issue of permission is key. When permission is in dispute, it may be difficult to make a claim. That’s where our Virginia car accident lawyers can help. We will explore every avenue to fight the insurance company.

At the Smith Law Center, we have helped people who are hurt in car crashes since the 1940s. Our trial lawyers take on cases involving serious injuries all the way to the courts. Please call us today for a free consultation at (757) 244-7000.

Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
ABOUT US

What Our Clients Are Saying About Us

Tony Laizure, Principal Laizure Law
Google logo

I have had the immense pleasure to work with Stephen M. Smith many times over the years, and every case ends in success for the client. He is so passionate about his clients and cares deeply about them.

Anonymous (Former Client)
Google logo

They treat you with respect & compassion every step of the way…

Jonathan Wren
Google logo

Great firm. Stephen, David, and their team did a wonderful job representing a brain-injured client I referred to them for hard-fought case against a trucking company in federal court.

Shannon Laymon-Pecoraro
Google logo

I have the pleasure of working with the team at the Smith Law Center regularly. They are well rounded, and their commitment to their clients is top notch.

Donna
Google logo

… your firm is personally responsible for taking what was a horrible tragedy and transforming it into a legacy…

Joe
Google logo

… [Mr. Smith's] style of representation was impeccable, classy, and he cleverly executed every facet of the case …

Nancy
Google logo

… I really can’t thank you enough for securing the damages to which I was entitled …

Marybeth
Google logo

… I am beyond grateful for their caring manner, their legal prowess, and their attention to detail …

Tom
Google logo

Although this card is rather small, the “Thank You” isn’t small at all … You will never know what this money has meant to us. It does not remove the affects of the stroke, but makes things somewhat better …

Tammy & John
Google logo

… For such a large firm, we received very personal care. We will always recommend you highly! …

Angelicia S
Google logo

I had the pleasure of working with Attorney Gill. He was very professional and made the process worth the while. This law firm cares about their clients and it shows. Thank you all for going over and beyond.

Erin L
Google logo

I was very happy with the Smith Law Center. They are professional, attentive and will truly fight for you. The entire office is very nice and communicates throughout the whole process. Mr. Gill is fantastic as well as the paralegals and the other administration team.

Mike S
Google logo

David Holt did an excellent job dealing with a largely uncooperative insurance adjuster. He explored all avenues of recovery, their fees were fair and, once settled, payment was prompt. Five stars all the way.

Christin S
Google logo

Working with David and Lisa was a wonderful experience. I was overwhelmed by their kindness and efficiency.

Kevin Mottley
Google logo

I have had the pleasure of working alongside Stephen Smith, David Holt, and Stewart Gill for several years now, representing traumatic brain injury survivors in fights against insurance companies. These guys are a pleasure to work with and are true trial lawyers who fight for their clients day in and day out in court.

Andy H
Google logo

The attorneys and staff at Smith Law Center are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.

Shaminece H.
Google logo

The team and my attorney were so friendly. They were always available to help me or answer my questions, and the process wasn’t long at all. I’m so grateful for the services they gave me and for treating me like family.

Shannon L
Google logo

... I have the pleasure of working with the team at the Smith Law Center regularly ... They are well rounded, and their commitment to their clients is top notch.

Andy H
Google logo

... The attorneys and staff are great to work with ... They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.

Jonathan B
Google logo

... Mr. Smith helped us get a settlement fast, and things are much better now ...Without Stephen’s help I’d probably be dead and penniless. I am a brain injury survivor. On the 4th of July weekend (in 2004), my life was turned inside out when I was hit on my motorcycle. My brother-in-law was searching for brain injury specialists and happened to find Mr. Smith. And he was a lawyer too! Mr. Smith helped us get a settlement fast, and things are much better now.