[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.acollinslaw.com\/blog\/the-person-who-hit-you-didnt-own-the-car-now-what\/#BlogPosting","mainEntityOfPage":"https:\/\/www.acollinslaw.com\/blog\/the-person-who-hit-you-didnt-own-the-car-now-what\/","headline":"The Person Who Hit You Didn\u2019t Own the Car. Now What?","name":"The Person Who Hit You Didn\u2019t Own the Car. Now What?","description":"You\u2019re driving along when another driver hits you. You exchange information. Then you learn that the person who hit you didn\u2019t own the car. What should you do? Many people borrow or share cars to go to work, transport children, or run errands. In this article, our Birmingham car accident lawyer will provide helpful information […]","datePublished":"2022-02-23","dateModified":"2025-10-18","author":{"@type":"Person","@id":"https:\/\/www.acollinslaw.com\/blog\/author\/aprilcollins\/#Person","name":"April Collins","url":"https:\/\/www.acollinslaw.com\/blog\/author\/aprilcollins\/","identifier":26,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/55a984f005d8b7837361f222628aa1007fd609f15ee5c477ae3e768972785d30?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/55a984f005d8b7837361f222628aa1007fd609f15ee5c477ae3e768972785d30?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Collins Law, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.acollinslaw.com\/wp-content\/uploads\/2024\/11\/header-firm-logo.svg","url":"https:\/\/www.acollinslaw.com\/wp-content\/uploads\/2024\/11\/header-firm-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.acollinslaw.com\/wp-content\/uploads\/2022\/02\/the-person-who-hit-you-didnt-own-the-car-now-what.jpg","url":"https:\/\/www.acollinslaw.com\/wp-content\/uploads\/2022\/02\/the-person-who-hit-you-didnt-own-the-car-now-what.jpg","height":1707,"width":2441},"url":"https:\/\/www.acollinslaw.com\/blog\/the-person-who-hit-you-didnt-own-the-car-now-what\/","about":["Auto Accidents"],"wordCount":905,"keywords":["borrowed car","hit by borrowed car","nonowner accident","personal injury"],"articleBody":"You\u2019re driving along when another driver hits you. You exchange information. Then you learn that the person who hit you didn\u2019t own the car. What should you do?Many people borrow or share cars to go to work, transport children, or run errands. In this article, our Birmingham car accident lawyer will provide helpful information about what to do if the person who hit you didn\u2019t own the car.Car Sharing: A Common OccurrenceIf you think that being hit by a borrowed vehicle is a rare occurrence, think again. About\u00a030 percent\u00a0of American car owners have loaned their car to a friend \u2013 or would be willing to do so.\u00a0 So, being hit by someone who doesn\u2019t own the car is a reasonable concern.There isn\u2019t much research about whether those who borrow vehicles from friends or family are more or less reckless behind the wheel. But we do know being unfamiliar with a car\u00a0increases the risk\u00a0of a crash. We also know that rental car drivers are\u00a0more likely\u00a0to get into accidents than those driving their own cars. So, drivers of borrowed cars could be more likely to cause accidents.Who\u2019s Responsible if the Person Who Hit You Didn\u2019t Own the Car?If you\u2019re hit by a non-owner driver \u2013 and the fault for the accident lies with that person \u2013 there\u2019s good news. In Alabama, the insurance generally follows the car, not the driver. This means that the owner\u2019s car insurance \u2013 including bodily injury liability, collision coverage, and comprehensive coverage \u2013 follows the car no matter who\u2019s driving.So, if the driver who hit you used a borrowed car, the first step is to file a claim against the car owner\u2019s policy. If the owner\u2019s policy doesn\u2019t completely cover your damages, you can file against the driver\u2019s policy or use your\u00a0uninsured motorist coverage\u00a0or underinsured motorist coverage to make up the difference.But here\u2019s the bad news: In Alabama, coverages such as PIP (personal injury protection) and MedPay (medical payments) follow the driver, not the owner.Worse, the owner\u2019s insurance may not cover every borrower. Insurance policies will not cover a driver who:Resides in the owner\u2019s household. A teen daughter who lives at home takes her parents\u2019 car. The insurance company will not pay because she should be listed on her parent\u2019s policy.Uses the car regularly. The family babysitter uses the owner\u2019s car every day to transport the kids. While insurance companies are okay with allowing non-owners to occasionally use a car, when a person uses a car weekly or daily, the insurance company expects the owner to include that person on the policy.Took the car without permission. Insurance companies will not hold an owner responsible for the actions of a person who took the car without the owner\u2019s permission.As you can see, the issue of legal responsibility is complicated.Other Things to Consider about Drivers of Borrowed CarsBeyond insurance, Alabama has other doctrines that personal injury lawyers use when the person who hit you didn\u2019t own the car.First, the doctrine of\u00a0negligent entrustment\u00a0could be a great help. Negligent entrustment allows you to sue the person who gave the negligent driver the keys. To win, you\u2019ll have to show that the car owner:entrusted the vehicle to the borrower;entrusted the vehicle to a borrower who was incompetent; andknew that the borrower was incompetent.For example, if the owner let someone borrow their car when they knew that that person was intoxicated or knew that the person was a\u00a0reckless driver, you could pursue an insurance claim and a negligent entrustment claim.Second, if the driver who hit you was a teen, Alabama law gives you an additional option. The\u00a0Alabama Code\u00a0holds parents responsible for property damage caused by a person under 18. However, the law only applies if the youth\u2019s actions were \u201cintentional, willful, or malicious;\u201d most of the time, in a car accident, this will not be the case. But if it is, this law can help. You can recover up to $1000 under this law in addition to your insurance claim.What to do if You are Hit by a Borrowed CarIf you are hit by a borrowed vehicle, you should follow the\u00a0same steps\u00a0that you would do in any normal accident. However, in addition to the standard evidence \u2013 photographs of the scene, names of witnesses, etc. \u2013 at the crash scene, be careful to note the name of the owner as well as the name of the driver. (If the driver knows the owner\u2019s insurer information, be sure to get that information as well.) Collecting information as soon as you are able will help your personal injury attorney build and improve your case. Your injury lawyers will know which doctrines are best for your case.Have You Been in a Car Accident in Alabama?Hopefully, this article has helped you learn more about what to do if the person who hit you didn\u2019t own the car. If you have been in an accident contact our team of Alabama car accident attorneys, Collins Law, LLC, today. We provide services to those looking for a car accident lawyer in Madison, Birmingham, and other areas in Alabama. Call (205) 588-1411 or fill the form to\u00a0schedule a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.acollinslaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"The Person Who Hit You Didn\u2019t Own the Car. Now What?","item":"https:\/\/www.acollinslaw.com\/blog\/the-person-who-hit-you-didnt-own-the-car-now-what\/#breadcrumbitem"}]}]