What happens if someone borrows your car andcauses an accident but neither you or they have insurance?

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What happens if someone borrows your car andcauses an accident but neither you or they have insurance?

Asked on May 23, 2011 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What happens is that both you and the driver can be sued by anyone injured (and/or who's property was damaged). If you are at fault and the plaintiff--the person suing--can prove that, you can be held liable for all their losses and costs; then, since you don't have insurance, you would have to pay the money to them out of your own savings, assets, salary, etc., and if you don't have enough, the person who sued you and won can try to garnish your wages, put a lien on house, etc. Not having insurance only means that you don't have anyone who will pay on your behalf if you're found liable--you have to pay it yourself. And as this answer began, both the car's driver and its owner can potentially be found responsible.


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