Who Is Liable: The Car Owner or Driver?
If you are in an accident caused by a driver who does not own the vehicle they were operating, you need to know whether the car owner or driver is liable. The car owner’s insurance typically applies to any accident involving the vehicle, and you may pursue compensation through the vehicle owner’s policy.
The at-fault driver may be personally liable, which is relevant if you choose to sue. A car accident lawyer in Arlington Heights will determine if the at-fault driver’s auto insurance covers your losses and if you have grounds to sue the vehicle owner.
A Lawyer Will Determine Whether the Car Owner, Driver, or Both Are Liable for Your Accident
It’s safe to assume the car owner’s insurance will cover your accident. Assuming you have valid insurance, your own policy may cover certain losses, too.
Even so, it’s important to have an attorney evaluate the circumstances of your accident. By reviewing all relevant facts and evidence, your attorney can determine if anyone else owes you compensation.
Each collision presents a unique insurance situation, and your lawyer will consider:
- Whether the vehicle owner has valid insurance (a significant percentage of vehicles in every state are uninsured)
- Whether the at-fault driver has insurance
- What amount of insurance coverage do all applicable policies provide
- Whether the vehicle owner lent out their vehicle knowingly or whether the driver took the vehicle without permission
- Whether the vehicle driver was of legal age at the time of the accident
These factors may determine whose insurance policy should pay for your losses. These variables will also indicate to your car accident lawyer who you can sue if you choose to file a lawsuit.
Let an Attorney Sort Out Fault and Liability for Your Car Accident
We can list several scenarios detailing who might be liable for a car accident. That would not be a good use of your time, as the circumstances of your car crash are unique and independent of all other collisions.
You can call an attorney and have them review your case at no cost, and that’s the far more informative, efficient way to determine fault and liability for your accident.
A Car Accident Attorney Will Determine Whose Negligence Caused Your Collision. Negligent Parties May Need to Pay.
Regardless of who ultimately pays the cost of your collision, your car accident lawyer will need to prove who caused it. They start by showing that someone’s negligence (likely the other motorist’s) led to the accident, and they prove this by:
- Stating that the at-fault party (again, likely the other motorist) had a duty of care, which means they had a legal obligation to act responsibly
- Using evidence to prove the negligent party violated their duty of care, which motorists do through speeding, distracted driving, tailgating, and countless other irresponsible actions
- Proving the at-fault party’s negligence caused the collision and the evidence from your accident may clearly show this connection
- Establishing your damages, which will show the cost of the at-fault party’s negligence
It’s not enough for your lawyer to know who caused your accident. They need to prove it. By proving fault, your lawyer will have the justification to demand compensation from insurance companies or any parties you decide to sue.
The Sooner You Hire Your Lawyer, the Sooner They Can Establish Liability for Your Accident—and Fight for Your Financial Recovery
Every second matters after a car accident. This is especially true if the at-fault driver did not own the car which they struck your vehicle with. This added complication can muddy your case, so give your lawyer the time necessary to clarify fault, liability, and your case strategy.
Some of the most immediate priorities your lawyer will tend to are:
- Securing and analyzing evidence from your car accident: Attorneys like to have as much information about an accident as possible. This is why your legal team will obtain evidence from your collision as soon as possible. This evidence will help them determine who is at fault for your accident, which is key to deciding who owes you compensation.
- Analyzing all relevant insurance policies: Your lawyer will likely evaluate your insurance policy, the policy covering the other vehicle involved in the accident, and—if necessary—the at-fault driver’s policy. The details of these policies, including coverage conditions and coverage limits, may determine how your lawyer seeks compensation.
- Reaching out to insurance companies: Insurance providers are likely to be involved in your case if they aren’t already. Your attorney will take over all communications with insurers. Your lawyer will ensure your claims are recognized, insurers see all documentation of your losses, and that no bad-faith tactics negatively affect you.
- Presenting you a customized case strategy: When your lawyer has gotten a thorough lay of the land, they will explain how they plan to get compensation for you.
You should immediately see how valuable a car accident lawyer is. Knowing that a qualified legal professional is fighting for you can be immensely reassuring as you recover from your injuries.
Some More Responsibilities Your Attorney Will Take Off Your Hands
Your lawyer will lead every step in your car accident case, including determining who is liable. Some of the other responsibilities your legal team will handle are:
- Drafting all claim- and lawsuit-related document
- Documenting your accident-related damages
- Determining the exact value of your case (which likely equals the cost of your damages)
- Negotiating a settlement
- Leading any lawsuit you choose to file
Your legal team will tailor a strategy to you, and they will execute every detail of that strategy for you. Your only responsibility will be to heal.
Damages That Insurers or Other Liable Parties May Owe You Compensation For
Some of the damages you may deserve compensation for are:
- Pain and suffering
- Any mental health treatment you seek for pain and suffering
- Medical costs
- Lost income
- Diminished earning capacity
- Vehicle repair costs
Lawyers evaluate their clients’ damages in a human way, knowing that each person’s trauma, professional damages, and medical conditions are unique.
Find Your Car Accident Attorney Today, and Let Them Start Fighting for You
Do not wait to hire your personal injury lawyer in Arlington Heights. They will make good use of the time you allow them to build your case. The sooner your attorney can start, the better chance of a successful outcome for your case.
Complete free consultations as necessary, as these are your chance to vet law firms and find the right legal team for your case.