What Happens If Someone Else is Driving My Car and Gets in An Accident in Louisiana? 2025

Many drivers lend their vehicles to friends, neighbors, family members, and other loved ones who need them for emergencies, errands, and other necessities. You may even need someone else to drive you in your own car. This can lead to uncertainties regarding insurance coverage, and many drivers want to know, “What happens if someone else is driving my car and gets in an accident in Louisiana?”

Car accidents are an unfortunately frequent occurrence nationwide and in the state. In 2023, there were 143,202 crashes in Louisiana. In 2024, there were 147,027 crashes, including 37,373 suspected injury crashes, 699 fatal crashes, and 108,955 crashes that only resulted in property damage. While everyone might hope that anyone who borrows their car does not get into an accident, it is important to know what to do if it happens.

What Happens If Someone Driving My Car Causes an Accident?

If someone is in an accident while driving your vehicle, the outcome will depend on liability. In any car accident in Louisiana, the driver whose negligence caused the accident is liable for the damages that are caused in the crash. All parties should get medical treatment, both on the scene and later. The Ochsner Medical Center is located at 17000 Medical Center Drive in Baton Rouge.

When the person who borrowed your car is to blame for the accident, your insurance will usually apply. If anyone else was injured in the accident, they may file claims with your insurance policy to cover their medical bills and other injury-related damages. If these damages go over the limits of your policy, then the insurance policy of the person who used your car may cover the rest of the damages.

Unfortunately, when someone else is in an accident in your vehicle, this can affect your insurance premiums and require you to pay a deductible.

When another driver or third party is to blame for the accident, then their insurance policy is used to cover the accident. This includes any injuries suffered by the person who borrowed your vehicle and the costs to fix your vehicle.

Comparative Negligence in Borrowed Car Accidents

Louisiana uses comparative negligence laws, so multiple parties could be partially liable for their portion of the fault and the damages. This can also mean that a portion of the driver’s injuries and the damages to your vehicle are covered by other policies, while your insurance policy will cover a portion of others’ injuries and damages. A thorough investigation is required to determine the percentage of liability from each party.

When Is a Driver Who Borrows Your Car Not Covered by Your Policy?

Your insurance coverage will apply if the following are true:

1. You gave the driver permission to use your vehicle.
2. The driver was not an excluded person on your insurance policy.

Under permissive-use policies, any individual that you give permission to use your car is covered under your insurance, as long as they are licensed drivers.

Your insurance coverage may not apply in the following cases:

1. Non-permissive drivers
   If the driver did not have permission to use your vehicle, your insurance coverage would not apply. Often, the driver’s insurance policy is entirely liable for the damages if they were at fault. This should also apply to the damages to your vehicle.If the non-permissive driver does not have insurance coverage, it becomes more complicated to recover damages. You may need to file with your insurance under uninsured motorist coverage or file a civil claim against the driver to cover the damages to your vehicle. An experienced car accident attorney can help.
2. Excluded drivers
   If you give permission to a driver who is excluded from your insurance policy, and they get in an accident, you cannot file a claim with your insurer.
3. Unnamed drivers in named-driver policies
   If the driver is someone in your household who regularly uses the vehicle, they should be listed on your insurance as a driver. Some policies only cover drivers who are listed drivers. The insurance coverage may not apply in these cases, and you may be liable for damages.

FAQs

Can Someone Drive My Car If They Are Not on My Insurance in Louisiana?

Yes, someone can drive your car if they are not on your insurance in Louisiana, and accidents will be covered by your insurer as long as the driver has your permission and is not excluded from being covered by your insurance. A driver may be excluded from your policy if they have caused an accident in your vehicle before. If someone in your household needs frequent use of the vehicle, you should list them as a driver in your policy.

What Happens If Someone Borrows My Car and Has an Accident?

If someone borrows your car and is in an accident, the accident is typically covered by your insurance because the policy follows the vehicle. If another driver is at fault for the accident, then damages are covered by their policy, including injuries to the driver who borrowed your car and property damage to your vehicle. If the borrower is at fault for the accident, claims will likely be filed with your insurance coverage policy.

What Happens If You Don’t Add a Driver to Your Insurance?

If you don’t add a driver to your car insurance policy, you may be back-charged for premium avoidance. This applies to drivers who regularly use your vehicle or any member of your household with access to the vehicle, regardless of how often they drive. If someone drives your vehicle one time, they do not need to be listed as a driver on your policy. If they have your permission to drive, then your insurance policy covers them.

Does Car Insurance Follow the Car or the Driver in Louisiana?

In Louisiana, your car insurance follows the car rather than the driver. If someone else drives your vehicle with your permission, then your coverage would apply to any accident that happens as if you were driving. If you did not give permission to someone to drive your vehicle, then their insurance coverage may enable you to cover the damages to your vehicle.

Get the Help of an Experienced Attorney After a Borrowed Car Accident

It can be complicated and very stressful when someone you know is injured when borrowing your vehicle. At Murphy Law Firm, we work to help you understand your options and what covers the accident while remaining compassionate and supportive. Contact our firm today.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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