Skip Navigation 
If someone else drives your car and causes an accident in Colorado, your auto insurance policy will likely apply to any injuries or property damage. However, the driver’s insurance might cover additional costs if the damages exceed your policy limits. And in some cases, you could face legal liability as the vehicle owner. If the other driver was at fault, they could be responsible for any damages instead.
Can the Car Accident Victim Sue Me for Their Injuries?
Colorado follows an “at-fault” system for car accidents, meaning the person at fault for an accident is generally responsible for any resulting losses. Your auto insurance policy will likely apply if someone else is driving your vehicle with your permission and causes an accident. But if losses exceed your policy’s limits, you might wonder whether an accident victim can sue you for their injuries.
The general rule is that the driver of a vehicle, not the owner, is liable for any damage they cause while driving. However, there are exceptions. For instance, if the driver was operating the vehicle for your benefit, you could be liable under the doctrine of “vicarious liability.” And if you negligently entrusted your vehicle to someone you knew was an unsafe driver, you could get sued for any harm they caused. It’s best to consult a car accident attorney who can review the facts of your case and explain who is liable for crash-related injuries and losses.
Could the Driver Who Drove My Car Sue Me for Their Injuries?
The driver who used your car could take legal action against you in specific circumstances. There are a few scenarios where this might happen:
- Poor vehicle maintenance – As a vehicle owner, you have to keep your car in safe operating condition. If the driver can prove their injuries were worsened by or directly resulted from a lack of maintenance on your part, they could sue you for their injuries.
- Negligent entrustment – A driver could sue if they believe you negligently entrusted the vehicle to them. For instance, if you knew the brakes were faulty but lent the car anyway without warning, the driver could argue you knowingly put them at risk.
- Specific agreements – If you failed to uphold any terms of an agreement under which the driver borrowed your car, like providing functioning safety features, they could have grounds to sue.
What If the Person Who Drove My Car Has Their Own Insurance?
If the person who drove your car and got into a crash has their own insurance, the policy on the vehicle involved in the accident is still typically the primary insurance. This policy will cover accident-related losses up to policy limits. However, if the losses exceed your policy limits or specific exclusions apply, the driver’s insurance might kick in as secondary coverage.
It’s worth noting that in most cases, both insurance policies won’t pay out for identical crash-related costs. If your insurance has already provided compensation for certain expenses, the driver’s insurance policy won’t typically pay those exact costs again.
How to Determine Fault in a Car Accident
Evidence plays a pivotal role when determining fault in a car accident case. Depending on the circumstances, your lawyer might use any of the following types of evidence to prove your claim:
- Police accident reports
- Photographs of the accident scene
- Surveillance video or dash cam footage
- Witness statements
- Cell phone records
- Vehicle damage reports
- Skid mark analysis results
- Weather and traffic reports from the day of the accident
- Breathalyzer, blood, or field sobriety test results
- Expert witness testimonies
- Traffic signal and intersection operation records
- Previous citations or violations of the involved drivers
- 911 call recordings
- Correspondence with insurance companies
- Vehicle maintenance records
- Defective vehicle or vehicle parts reports
What Is Vicarious Liability?
Vicarious liability is a legal doctrine that holds one party responsible for the actions or negligence of another party, primarily because of the relationship between the parties. In the context of car accidents, vicarious liability often applies to employers held liable for accidents caused by their employees.
For instance, let’s say a delivery driver causes an accident while making a delivery during their regular job duties. In that case, the company that employs the driver might be vicariously liable for damages resulting from the accident – even if the company itself did nothing wrong. Sometimes, this principle could also apply when you allow someone to borrow your car.
Can My Insurance Company Refuse to Pay for the Accident?
Insurance companies can refuse to pay for accidents but need valid reasons. Some of the most common reasons for denials include the following:
- The driver was not covered under the policy at the time of the accident.
- The policy had lapsed due to non-payment.
- There were disputes about the nature or extent of damages.
- They believe that another party is at fault and, therefore, financially liable.
If an insurance company refuses to pay, it’s essential to seek clarification on their reasons and consult an attorney to understand your rights and possible courses of action.
Contact a Colorado Car Accident Lawyer
Did you lend your car to someone who got into an accident in Colorado? If so, don’t wait to get the legal help you need. The experienced attorneys at The Wilhite Law Firm can review your case and explain your legal options. We have a reputation for providing aggressive advocacy, compassionate client service, and proven results. For over 40 years, we have advocated for the rights of Coloradans like you. Contact our Colorado car accident lawyers today for a free, confidential consultation.
