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HomeCar Insurance ResourcesAm I liable if my friend crashes my car?

In Canada, auto insurance typically follows the car rather than the driver. This means that if your friend has an accident while driving your car, it’s your auto insurance that would typically be the primary source for covering the damages. Some general considerations include:

  1. Insurance Premiums: If your friend is at fault in an accident with your car, it could impact your insurance premiums, since the claim would generally be made against your policy.
  2. Permission: If your friend had your explicit or implicit permission to drive your vehicle, your insurance would typically cover the damages, subject to the terms and conditions of your policy. However, if your friend took your car without your permission, your insurance might still cover the damages, but you might then have the option to argue that you shouldn’t be held responsible for the deductibles or increased premiums.
  3. Friend’s Insurance: If your friend has their own car insurance, their policy might act as a secondary coverage in some cases. This means that if your policy’s limit isn’t enough to cover the damages, or if there are other reasons your insurance won’t cover the whole amount, your friend’s insurance might step in to cover the remaining costs.
  4. Liability: Beyond insurance considerations, if your friend caused harm to another person or their property, and your insurance doesn’t cover all of the damages or if the injured party decides to sue for additional compensation, you as the owner of the vehicle could potentially be named in a lawsuit.
  5. Provincial Variations: Auto insurance is regulated at the provincial and territorial level in Canada. As such, there can be variations in regulations, policies, and practices from one province or territory to another.

If you find yourself in such a situation or if you are considering letting someone else drive your car, you might want to consult with an insurance advisor or attorney familiar with Canadian auto insurance laws and regulations in your specific province or territory. They can provide guidance tailored to your situation.

Can someone not on your insurance drive your car Canada?

Driving

In Canada, it’s generally permissible for someone not listed on your insurance policy to drive your car, provided they have:

  1. Valid Driver’s License: The person driving must have a valid driver’s license that’s appropriate for the class of vehicle being driven.
  2. Permission: The person must have your explicit or implicit permission to drive your vehicle.
  3. Eligibility: The person driving should not be explicitly excluded from your policy. Some insurance policies might have named driver exclusions.

However, there are some important things to keep in mind:

  • Frequency: If someone is frequently driving your car, they should be added to your insurance policy as an occasional or secondary driver. If they drive the car regularly but aren’t listed on the policy, the insurance company might deny a claim or consider it a policy violation.
  • Insurance Impact: If a person not listed on your insurance has an accident with your car, it can affect your insurance premiums, especially if they’re found to be at fault.
  • Coverage: While your insurance might cover the damages caused by a person not listed on your policy, there can be exceptions or complications. It’s essential to read your policy or talk to your insurance provider about such situations.
  • Provincial Variations: Auto insurance regulations can vary by province or territory in Canada. It’s a good idea to familiarize yourself with the regulations in your specific province or territory.

Who Pays If Your Friend Crashes Your Car?

In Canada, if your friend crashes your car, the responsibility for the damages will generally depend on the specifics of the situation and the terms of your insurance policy. Here are the typical scenarios:

  1. Your Insurance: Auto insurance in Canada typically follows the car rather than the driver. So, if your friend crashes your car and you have valid insurance, your policy would generally be the primary source for covering the damages. This is the case even if your friend is not listed as a driver on your policy, as long as they had your permission to drive the car and they hold a valid driver’s license.
  2. Friend’s Insurance: If your friend has their own auto insurance policy, it might act as secondary coverage. This means if the damages exceed your policy’s coverage limits, or there are deductibles to pay, your friend’s policy might cover the excess or the deductibles in some cases.
  3. Increased Premiums: If a claim is made against your policy due to the crash, it could potentially result in an increase in your insurance premiums, especially if your friend was found to be at fault.
  4. Out-of-Pocket Costs: If neither insurance policy covers the full extent of the damages, or if there are deductibles, either you or your friend might have to pay out-of-pocket. Typically, who pays out of pocket will depend on the agreement between you and your friend.
  5. Liability for Injuries: If your friend caused injury to another person, and the injured party decides to sue for damages, you, as the vehicle’s owner, could potentially be named in the lawsuit, in addition to or instead of the driver. This again underscores the importance of having sufficient liability coverage on your insurance policy.
  6. Permission is Key: If your friend took the car without your knowledge or permission, the situation could be different. In such cases, it might be treated as theft, and your insurance might still cover damages, but you may be in a better position to argue against any insurance premium increases or other liabilities.
  7. Provincial Differences: Remember that insurance regulations can vary by province or territory in Canada. The specifics of how claims are handled and the potential repercussions might differ depending on where you are.

If your friend crashes your car, or if you’re considering allowing someone else to drive your vehicle, it’s wise to consult with your insurance provider or an attorney familiar with auto insurance laws in your province to understand the implications fully.

What is non-owner insurance?

Non-owner car insurance, which is more commonly associated with the United States, provides liability coverage for drivers who don’t own a vehicle but may occasionally drive someone else’s car. Such a policy can cover the driver’s liability for bodily injuries and property damage to third parties in the event of an at-fault accident.

However, in Canada, the concept of non-owner insurance isn’t as prevalent or straightforward as it is in the U.S. Here’s why:

  1. Insurance Follows the Car: In Canada, auto insurance typically follows the vehicle, not the driver. This means that if you borrow someone’s car and are involved in an accident, the car owner’s insurance is usually the primary source for covering any damages or injuries.
  2. Occasional Drivers: If you frequently drive someone else’s car, such as a family member’s, it’s common for you to be added to their insurance policy as an occasional driver.
  3. Rental Cars: If you often rent cars and don’t own a vehicle, you might be offered insurance through the rental company. Additionally, some credit cards provide rental car insurance as a benefit, covering damage to the rented vehicle.
  4. Usage-based Insurance: Some insurance companies in Canada offer usage-based insurance policies that are based on how much and how well you drive. These policies may be an option for people who don’t own a car but occasionally drive.
  5. Special Circumstances: There might be particular situations or unique insurance products offered by specific companies for non-owners. It would be best to discuss your needs with an insurance broker or agent in your province or territory to get guidance tailored to your situation.

If you find yourself often driving cars you don’t own, whether they’re borrowed from friends or family or rented, it’s essential to ensure you’re adequately covered. Speak to an insurance professional in Canada to explore your options and ensure you’re protected.

Do I need insurance to drive someone else’s car?

professional-drivers

In Canada, auto insurance is mandatory for all motorized vehicles, and it typically follows the vehicle rather than the driver. However, the specifics can vary by province or territory. Let’s look at this from a province-by-province perspective:

  1. British Columbia (BC):
    • Insurance is managed through the Insurance Corporation of British Columbia (ICBC).
    • The car owner’s insurance typically covers occasional drivers. However, if you frequently drive someone else’s car, they should add you to their policy as an occasional driver.
  2. Alberta:
    • Private insurance market.
    • The car owner’s insurance usually covers individuals driving with the owner’s consent. It’s essential to ensure the policy doesn’t have any exclusions for other drivers.
  3. Saskatchewan:
    • Primary insurance is provided through Saskatchewan Government Insurance (SGI).
    • As with other provinces, the car owner’s insurance typically covers occasional drivers.
  4. Manitoba:
    • Insurance is provided through Manitoba Public Insurance (MPI).
    • Again, the car’s insurance generally covers occasional drivers if they have the owner’s permission.
  5. Ontario:
    • Private insurance market.
    • As long as you have the car owner’s permission and a valid driver’s license, the car owner’s insurance will usually cover you.
  6. Quebec:
    • A mixed system: the Société de l’assurance automobile du Québec (SAAQ) provides public insurance covering personal injuries, and private insurers cover property damage.
    • If you have permission to drive someone else’s car, their private insurance would typically cover property damage.
  7. New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland & Labrador:
    • Private insurance markets.
    • The car owner’s insurance generally covers those who drive with the owner’s permission.
  8. Yukon, Northwest Territories, Nunavut:
    • Private insurance markets.
    • Similar to other regions, if you drive someone else’s car with their permission, their insurance typically covers you.

General Considerations:

  • Always ensure that you have the car owner’s explicit permission to drive.
  • If you frequently drive someone else’s car, they might need to add you as an occasional or secondary driver to their insurance policy.
  • If you’re unsure or have unique circumstances, check with the car owner’s insurance provider or a local insurance agent.

It’s important to note that while the owner’s insurance typically covers occasional drivers, any claims due to an accident could affect the owner’s premiums. Always drive responsibly and ensure you’re aware of the insurance implications before driving another person’s vehicle.

Summary and FAQs

Q: If my friend crashes my car, whose insurance covers the damages?

A: In Canada, auto insurance typically follows the car, not the driver. This means your auto insurance would usually be the primary source for covering the damages, even if your friend isn’t listed on your policy.


Q: Will my insurance premiums increase if my friend is at fault?

A: Yes, it’s possible. If a claim is made against your policy due to the crash and your friend is determined to be at fault, it could lead to an increase in your insurance premiums.


Q: What if my friend has their own auto insurance?

A: If your friend has their own auto insurance, it might act as secondary coverage. This means if the damages exceed your policy’s coverage limits or there are deductibles to pay, your friend’s insurance might cover the excess or the deductibles in some cases.


Q: What if my friend took my car without my permission?

A: If your friend took the car without your explicit or implicit permission, the situation might differ. It could be treated as theft, in which case your insurance might still cover the damages, but you may have a stronger argument against increased premiums or other liabilities.


Q: Can I be sued if my friend causes injury to someone else while driving my car?

A: Yes, it’s possible. If your friend injures another person while driving your car, and if that injured party decides to sue for damages, you, as the car’s owner, could be named in the lawsuit in addition to or instead of the driver.


Q: Do insurance regulations vary between provinces?

A: Yes, auto insurance is regulated at the provincial and territorial level in Canada. This means there can be variations in regulations, policies, and practices from one province or territory to another.


Q: Should I let my friend drive my car again?

A: This is a personal decision. It’s essential to be aware of the potential liabilities and insurance implications when allowing others to drive your vehicle.

About the Author: Valerie D. Hahn

Valerie is an insurance editor, journalist, and business professional at RateLab. She has more than 15 years of experience in personal financial products. She strives to educate readers and ensure that they are properly protected.

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