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If you borrowed a car and caused the crash
The owner’s auto policy is usually the main coverage, since it is written for that car, and many policies cover people driving with permission. Your own policy, if you have one, may then apply as extra coverage. Which policy pays first depends on the policy language, so get both declarations pages and give them to your lawyer.
The owner’s liability for a permissive driver, when the owner was not otherwise negligent, is limited to $15,000 per person, $30,000 per accident and $5,000 for property damage. The driver can be personally liable beyond that. If you were the one at fault and someone was hurt, read do you need a lawyer if the accident was your fault.
If you were hit while driving a borrowed car
When another driver causes the crash, their liability insurance should pay for your injuries, as it would if you were in your own car. If they had no insurance or too little, look at the uninsured motorist coverage on the owner’s policy and on your own; whether either covers you depends on the policy (Insurance Code 11580.2). MedPay may help with bills too (California Department of Insurance).
Damage to the borrowed car is the owner’s claim against the at-fault driver, though you can help by giving the owner your photos and the other driver’s information. California generally allows three years to sue for property damage (Code of Civil Procedure 338(c)(1)). Keep the owner informed so neither of you misses a step with the insurers.
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If the borrowed car had no insurance
This is where borrowed cars get risky. Under Proposition 213, a person who was driving and cannot show they had the required insurance or financial responsibility cannot recover non-economic damages, such as pain and suffering, in a car-crash case (Civil Code 3333.4). The same applies to an owner whose car involved in the crash was uninsured. Medical bills and lost wages remain recoverable.
If you have your own auto policy, bring it to your lawyer; whether it satisfies this rule depends on the policy and the facts. There is also an exception for an uninsured vehicle owner hurt by a driver convicted of DUI for the crash. See crashes when you have no insurance for more on how this rule plays out.
Family cars, work cars and teen drivers
Borrowing a car from a parent or spouse who lives with you can raise extra policy questions, since many policies treat household members differently. If you were driving a company car for work, your employer is generally liable for crashes within the scope of employment (CACI 3700); see company car accidents for the details.
If a minor borrowed a family car, the person who signed the minor’s license application is jointly liable for the minor’s negligent driving, up to set limits (Vehicle Code 17707). More on that in teen driver accidents. Rental cars from a rental company follow a different federal rule, covered in rental car accidents.
What to do now
Call the owner right away and get their insurance company and policy number. Take photos of both cars, the plates and the scene, and get witness names. Call police if anyone is hurt. File the DMV SR-1 within 10 days if the crash caused injury or more than $1,000 in damage (Vehicle Code 16000). See a doctor and save receipts.
Do not give a recorded statement to any insurer or sign a release before talking to a lawyer. Deadline: an injury lawsuit in California generally must be filed within two years (Code of Civil Procedure 335.1), and in Washington generally within three years (RCW 4.16.080). Call Beverly Law at (310) 552-6959 or use the form on this page.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
Does insurance follow the car or the driver in California?
Both can matter. The owner’s policy usually applies first because it covers that car, and the driver’s own policy may add coverage. The order depends on the policy wording. Ask for both declarations pages, and have a lawyer review them if anyone was hurt in the crash.
Can the car owner be sued if I crash their car?
Yes. In California, an owner is liable for injuries caused by someone driving with permission, up to $15,000 per person and $30,000 per accident when the owner was not otherwise negligent. If the owner knew the driver was unsafe, other claims may apply.
What if I didn’t have permission to drive the car?
California’s owner liability rule applies to drivers with the owner’s permission. Without permission, the owner’s insurance may deny coverage, and you may face the claim yourself. The answer depends on the policy and the facts; a lawyer can check before you talk to any insurer.
Will my friend’s insurance rates go up if I crash their car?
That depends on the friend’s insurer and how it records the crash. If another driver caused it, make sure the claim file shows that. If you caused it, the claim may affect the owner’s policy. Ask the owner’s insurer in writing how it classified the accident.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Cal. Veh. Code §§ 17150, 17151(a)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Cal. Code Civ. Proc. § 338(c)(1)
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Veh. Code §§ 17707, 17709(a)
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.