What If Someone Gets in an Accident Driving Your Car in Kansas?

You lent a friend or family member your car, and they were involved in an accident.

This common situation raises some interesting legal questions that our personal injury lawyers frequently run into.

Does your insurance cover the repairs and other costs, or do you have to pay? How can accident injury costs be paid if they exceed the policy limit? What if you didn’t provide permission to use the car? And what happens if the accident was caused by the driver of another vehicle?

Long-term financial consequences can result if someone gets in an accident while driving your car in Kansas. Here’s what you need to know about insurance coverage and liability.

The precise legal situation if someone gets into an accident while driving your car in Kansas depends on the driver’s status, the type of damage, and the terms of your insurance policy.

The no-fault system in Kansas, which is designed to limit lawsuits, requires all drivers to hold the following insurance minimums:

• Bodily injury liability: Up to $25,000 per person / $50,000 per accident.
• Property damage liability: $25,000 per accident.
• Personal injury protection (PIP): Includes $4,500 (medical), $4,500 (rehabilitation), and up to $900/month (work loss).
• Uninsured motorist (UM): $25,000 per person / $50,000 per accident.
• Underinsured motorist (UIM): $25,000 per person / $50,000 per accident (Kansas law (SB 147) now requires that UIM coverage limits must automatically match the policy’s Bodily Injury liability limits unless the policyholder explicitly rejects the higher amount in writing).

As a general rule, Kansas auto insurance follows the vehicle, regardless of who’s behind the wheel. If you loan your vehicle to someone and they cause a crash, your policy likely covers:

• The damage to your vehicle (minus any deductible you are required to pay).
• Damage to other cars.
• Damage to any other property.
• Injuries caused to others.

Therefore, your own liability insurance usually covers the costs of an accident caused by someone driving your car.

What if coverage limits are insufficient?

If coverage limits are insufficient to meet the costs of an accident where the driver of your vehicle was at fault, such as where major bodily injury or property damage resulted, the driver’s insurance policy may be required to “make up the difference.”

Alternatively, you could be held personally responsible for medical bills, lost income, long-term care, and other costs that go beyond your liability limits. This can potentially expose you to claims for many thousands of dollars.

What if I didn’t provide permission for the driver to use my car?

Insurance companies usually cover accidents only if the driver was given clear spoken or written permission to use the car.

If the driver took your car without permission, your insurance company may not accept liability unless the driver had general use of the vehicle (like an intimate partner or housemate).

The denial of coverage in such a situation could expose you or the driver to out-of-pocket claims, wage garnishment, or claims against your personal assets, often requiring legal assistance to navigate.

Kansas insurance policies often include a list of “excluded drivers,” such as:

• Household members with a suspended or revoked license who can no longer legally operate a vehicle.
• High-risk drivers with a history of multiple DUIs, serious at-fault accidents, or excessive moving violations.
• Young or inexperienced drivers whose inclusion would significantly inflate the primary policyholder’s premium.
• Specifically named individuals whom the policyholder has agreed, in writing, will never operate the insured vehicle.

If someone on this list takes your car and is involved in an accident, your insurance policy is unlikely to cover any damages. You should speak to a car accident lawyer as soon as possible, as it could leave you personally liable for high medical and property costs.

Does your Kansas insurance cover damages if an uninsured driver was driving your vehicle?

If the driver of your vehicle is uninsured, it increases your risk. Even though your policy may still cover the costs, higher insurance premiums or personal liability may result if the crash causes serious harm and the high costs involved exceed policy limits.

If your car was damaged due to an accident caused by the other driver, while another person was driving your car, the other driver’s liability coverage should pay for the damage.

However, third-party insurers often dispute liability and are slow to pay claims when the driver of the damaged vehicle is not the owner, even when liability for the accident seems clear.

One way to get repairs paid for more expediently is to file a claim under your own collision insurance or uninsured motorist coverage. Your insurer can then seek reimbursement for the repair costs from the at-fault party’s provider.

There are several scenarios where a Topeka car accident lawyer might be of assistance in car accident claims where someone else was driving your car:

The driver of your car was at fault, and the damages exceed your policy limits, exposing you to personal liability

Say you only carry the state minimum of $25,000/$50,000 for bodily injury, and the victim’s medical bills hit $150,000. You are personally on the hook for the remaining $100,000. A lawyer can work to protect your personal assets.

An excluded driver was driving your car without your permission, and your insurer is refusing to cover the damages

Your lawyer can help gather evidence (police reports, phone records, or testimony) to prove the “lack of permission” or to challenge the validity of the exclusion if the paperwork was filed incorrectly.

A third party was responsible for an accident involving your vehicle, and their insurer is either disputing a claim or delaying payments

Your attorney can use “bad faith” insurance laws to pressure companies that are intentionally stalling, and hire accident reconstruction experts to prove the other party was 100% at fault.

Insurance companies use all sorts of strategies to minimize or delay payouts. Having a seasoned personal injury lawyer advocating for your interests can often help prevent these issues.

If you’re in the Topeka area and have been involved in a car accident, speak to a personal injury lawyer at Itinerary & Revenaugh, during a free case evaluation. We will advise you of your legal options and how best to protect your legal rights and maximize your claim.