What Happens If Someone Borrows My Car and Wrecks It in Florida?

Imagine this scenario: You lend your car to a friend or family member, trusting they’ll treat it with care. You do not anticipate a car accident lawsuit resulting from this simple gesture. But then, the unthinkable happens. Your phone rings and the voice on the other end tells you they’ve been in an accident.

Now you’re asking, “What happens if someone borrows my car and wrecks it?”

Cohen & Cohen Law in Hollywood, FL understands how overwhelming these types of car accident cases can feel. With over 50 years of experience representing clients in Broward County and throughout South Florida, our law firm provides aggressive advocacy for our clients.

This blog, from a Hollywood car accident lawyer, explains how to address this challenging situation with confidence and care. Continue reading to learn more, then contact us at 800-33COHEN800-33COHEN to schedule a free case evaluation.

At Cohen & Cohen Law, we are here to be the experience you need and the legal representation you can trust. 

Your Car Accident Claim, Liability & Financial Responsibility in Florida

Florida state laws operate under no-fault insurance, which means that, in most car accidents, each driver’s personal injury protection (PIP) coverage addresses their medical expenses and lost income, regardless of who caused the car crash. But what does that mean if your car is involved in an accident and you aren’t the one driving?

When you loan your car to someone, you’re effectively lending more than just the keys. You’re also lending your insurance policy. Under the “dangerous instrumentality doctrine,” Florida generally places liability on the vehicle’s owner, not just the driver. This law makes owners liable for any harm caused by their vehicle—even if someone else is driving it—as long as the owner gave their consent.

Car Accidents & Insurance Implications

Generally, your auto insurance is the primary coverage in these situations.

1. Primary Coverage: If the borrower has an accident while driving your car with your consent, your insurance policy—which applies to the vehicle, not the driver—will be the first to pay for damages and injuries.
2. Secondary Coverage: If the damages exceed your coverage limits, the driver’s insurance company (assuming they have one) might kick in as secondary coverage.
3. Uninsured Drivers: If the borrower doesn’t have insurance or is underinsured, you could be on the hook for damages exceeding your policy limits, which could include repairs to other vehicles, property damage, and medical bills.

As experienced personal injury lawyers know, most insurance policies only cover drivers who have explicit permission to borrow your car. If someone takes your car without your knowledge or consent, it could complicate matters significantly.

Exceptions 

• Theft or Unauthorized Use: If the borrower took your car without your permission or you can prove it was stolen, you likely wouldn’t be held liable under Florida’s laws.
• Excluded Drivers: Many insurance policies allow you to specifically exclude certain drivers. If the person who wrecked your car is listed as an excluded driver on your policy, you won’t have liability coverage. However, you and the driver could be personally liable for damages.
• Commercial Use Violations: If you lent your car for business purposes and your policy doesn’t cover commercial use, the insurance company may deny coverage.

What Should Car Accident Victims Do After Such an Incident?

1. Prioritize Safety and Emergency Assistance

Whether you’re at the scene or hearing about it from the driver, confirm everyone’s safety. If anyone sustained injuries, advise the driver to call 911 immediately for emergency assistance. Individuals who seek medical attention should keep all medical records, follow doctor’s orders, and keep a record of expenses related to their being injured in an accident. Depending on the severity of the car accident injuries, they could incur expensive medical bills. Regardless of the extent of the injuries and the ensuing treatment, car accident attorneys know that personal injury victims can support their cases by maintaining detailed records.

2. Gather Evidence & Information

Document everything about the accident, including:

• The names and contact information of all drivers, passengers, and witnesses
• The other drivers’ insurance company
• License plate numbers and vehicle descriptions
• Photos of the vehicles, property damage, and the accident scene
• The police report number (request a copy from the local precinct)

3. Notify Your Insurance Company

Inform your insurance provider about the accident as soon as possible, even if you weren’t the one driving. Delayed notification can result in claim denials or complications.

4. Confirm the Borrower’s Insurance Coverage

If the borrower has an insurance policy, ask them to notify their insurance provider.  It could help offset some of the financial burden if damages exceed your coverage limits.

5. Seek Legal Representation from a Personal Injury Law Firm

Florida’s legal liability rules and insurance claims process can be confusing, especially when you’re dealing with someone else behind the wheel. Consulting an experienced personal injury attorney can protect your rights and help you avoid unnecessary costs. At Cohen & Cohen Law in Hollywood, FL we offer a free legal consultation to discuss the details of your case and determine the appropriate legal action.

A Personal Injury Attorney Explains How to Protect Yourself From Future Issues

1. Understand Your Insurance Policy

Familiarize yourself with your policy’s terms, including who is covered, policy limits, and exclusions. Does it include comprehensive and collision coverage that can help with vehicle repairs?

2. Explicitly Discuss Permission

When lending your car, communicate clearly to the borrower that they are driving with your permission. Avoid handing your keys over casually to individuals you barely know or trust.

3. Ask About the Driver’s Insurance

Before lending your car, confirm that the borrower carries an insurance policy. While their policy may not be primary, it could still help as secondary coverage if needed.

4. Be Cautious With Excluded Drivers

If you’ve specifically excluded someone from your policy, do not make exceptions because it could void your coverage entirely in the event of an accident.

Frequently Asked Questions

If someone borrows my car and wrecks it in Florida, who is responsible?

When someone else is driving your car in Florida and gets into an accident, your car insurance is typically the primary coverage. Your insurance would likely handle the damages first, regardless of who was driving. However, in certain Hollywood car accident cases, the driver’s behavior or negligence could also make them personally liable, especially if they didn’t have your permission to use the vehicle.

Can I recover maximum compensation if my car was totaled in an accident?

You can seek maximum compensation to cover the damages to your car, but it depends on factors like the driver’s level of fault and the coverage limits of your insurance policy. Consulting experienced law offices in your area familiar with Florida’s laws can help protect your rights and explore additional coverage options if you suffer significant losses.

What is my legal duty if someone gets into an accident while driving my car?

Your legal duty as the car owner is to have adequate insurance on your vehicle. Florida requires Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. If the accident caused severe injuries or potentially permanent disabilities to another party, your insurance could be responsible for significant claims. You may also need to cooperate with law enforcement and insurance adjusters during investigations.

Could the borrower be held liable for damages in a Hollywood car accident case?

Yes, the borrower could be held liable if they acted recklessly, such as driving under the influence, or if they were considered an uninsured or underinsured driver. Their actions could result in additional lawsuits, especially if the accident caused significant injuries, such as potentially permanent disabilities. You should speak with a legal professional to understand how liability applies to your specific case.

Should I contact a lawyer after someone wrecks my car in Florida?

Absolutely. A skilled personal injury attorney can guide you through your options, help you recover compensation, and manage potential disputes involving liability.

When Should You Contact a Personal Injury Attorney?

Personal injury claims involving an individual who borrowed your car—whether they are the at-fault driver or the victim of reckless driving—can feel overwhelming. If you’re concerned about liability, insurance disputes, or a personal injury lawsuit, it’s time to seek legal counsel. The personal injury lawyers at Cohen & Cohen Law understand how stressful these situations can be, especially when they involve serious injuries like a traumatic brain injury, physical pain, and lost wages. With over 50 years of experience representing individuals in personal injury cases and insurance claims, we’re here to provide you with clarity, support, and an approach to seeking appropriate compensation.

The Personal Injury Lawyers at Cohen & Cohen Law Offer Compassionate Advocacy for Auto Accident Victims in Hollywood, Florida

Have you been searching online for a “Hollywood, FL car accident lawyer,” “car accident lawyer in Hollywood,” or a “Hollywood personal injury attorney?”

Cohen & Cohen Law is not your cookie-cutter law firm. When you trust us, you’re not just a number on a case file. You become part of our family. We’re committed to personalized attention, open communication, and relentless advocacy for our clients in personal injury cases. Whether you have questions about liability, want to protect yourself from future disputes, or simply need guidance after an accident, we’re here to ease the burden, explain legal concepts, consult accident reconstruction experts to prove driver negligence if warranted, and seek compensation.

During a free consultation, we will evaluate the specifics of your case and develop a strategy for seeking fair compensation. Contact us today at 800-33COHEN800-33COHEN or complete our online form to schedule your free legal consultation.

Copyright © 2025. Cohen and Cohen Law. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Cohen Law
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Hollywood, FL 33021
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