Lending your car to a friend or family member seems harmless, until they crash it. Suddenly, you’re stuck wondering who’s responsible for the damage, whose insurance pays, and if you’ll be on the hook for costs.
In Florida, car insurance follows the vehicle, not the driver—so if someone crashes your car, your insurance is usually the first to pay. However, many drivers don’t fully understand their coverage.
According to FinanceBuzz in 2023, Florida’s uninsured motorist was rate at 20.4%, one of the highest in the nation. If the at-fault driver is uninsured, you may be left paying out of pocket unless you have Uninsured/Underinsured Motorist (UM/UIM) coverage.
At Mubarak, Sherif & Oladipo (MSO), we know how frustrating these situations can be because we’ve seen both sides of the fight. As former insurance defense lawyers, we understand how insurance companies try to minimize payouts—and we use that knowledge to fight for our clients.
Key Takeaways
- If someone crashes your car in Florida, your insurance usually pays first, but the driver’s insurance may help if the damages exceed your policy limits.
- Florida’s no-fault insurance system covers medical bills, but property damage liability depends on who was at fault and whether the driver had permission.
- Insurance policies vary—some may exclude certain drivers or deny claims based on policy restrictions, so checking your coverage beforehand is important.
- If an accident happens, reporting it to the police, gathering evidence, and notifying your insurance company quickly can help avoid legal and financial trouble.
What Are Car Liability Laws in Florida?
Florida law follows a “permissive use doctrine,” which means if you allow someone to drive your car, your insurance is usually the first to cover damages, even if you weren’t driving.
However, things aren’t always that straightforward. Liability can shift depending on whether the driver had permission, the type of insurance coverage they have, and other factors.
- If the driver had permission – Your insurance typically pays first, but their insurance might help if the damages exceed your policy limits.
- If the driver didn’t have permission – They could be personally responsible for damages, but proving lack of permission can be tricky.
- If the car was stolen – You’re generally not responsible, but you’ll need to prove the theft.
One major concern in Florida is the high cost of car insurance. According to MarketWatch in 2025, the average cost of minimum coverage is $134 per month, while full coverage costs $316 per month—well above the national average of $205 per month.
These high premiums make it vital to understand how your insurance works when someone else drives your car.
How Does Florida’s No-Fault Insurance Affect Liability?
Florida is a no-fault state, which means each driver’s own insurance covers their medical bills, regardless of who caused the accident. This is called Personal Injury Protection (PIP) and covers up to $10,000 in medical expenses.
However, property damage liability (PDL) works differently—if someone crashes your car and causes damage, your insurance might have to pay first. The at-fault driver’s insurance only kicks in after yours is exhausted.
Who Is Financially Responsible for an Accident?
In Florida, determining financial responsibility depends on who was at fault, what kind of insurance is in place, and whether the driver had permission to use your car.
Uninsured drivers create a major financial risk in these situations. This means a significant number of drivers either have no coverage or insufficient coverage, which can complicate accident claims.
When Is the Car Owner Responsible?
In most cases, your car, your insurance, your problem—even if you weren’t driving. Here’s when you, as the owner, might be responsible:
- The driver had your permission – Your insurance is the primary coverage, meaning it pays for damages first. If the costs exceed your policy limits, the driver’s insurance (if they have any) may help cover the rest.
- You let an unsafe driver borrow your car – If you knowingly allowed a reckless, unlicensed, or intoxicated driver to use your car, you could be held personally liable under negligent entrustment laws.
- The accident caused major injuries or damage – If the damages go beyond your insurance limits, you might have to pay out of pocket or face a lawsuit.
Can I Refuse to Pay If the Driver Was at Fault?
It depends. If you gave permission, your insurance is responsible first. However, if the driver acted recklessly or broke the law, you may be able to argue that they should cover the damages instead. If they refuse, you could take legal action to recover costs.
When Is the Driver Liable?
Sometimes, the driver—not the owner—is responsible for paying damages. Here’s when that happens:
- The driver is at fault and has their own insurance – If their policy includes non-owner car insurance, it might cover some of the damages after yours.
- They took the car without your permission – If you can prove the driver didn’t have consent, their own insurance (or personal assets) may be on the hook for damages.
- They were driving under the influence or breaking the law – In some cases, the driver may be held fully liable for reckless behavior, even if you gave them permission.
What Happens If the Driver Is Uninsured?
If the person driving your car doesn’t have their own insurance and your policy doesn’t cover everything, you could be stuck paying the bill. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage can help—it covers damages when the at-fault driver doesn’t have enough insurance to pay.
How Does Insurance Work When Someone Else Drives Your Car?
In Florida, car insurance follows the vehicle, not the driver—meaning your policy is usually the first to pay, even if someone else was behind the wheel. But depending on the situation, the driver’s insurance might help, or you could be left covering costs yourself.
Will My Insurance Cover the Damage?
In most cases, yes—your policy pays first if the driver had permission to use your car. Your liability coverage takes care of damage to other vehicles or property, while your collision coverage (if you have it) pays for repairs to your own car. However, this can increase your insurance rates, even if you weren’t driving.
With Florida’s rising insurance costs, a claim involving a borrowed car could drive your rates even higher.
Will My Insurance Rates Go Up If Someone Else Crashes My Car?
Probably. Even if you weren’t driving, an accident in your car is still a claim on your policy. Insurance companies see any accident as a risk factor, so your rates could increase—especially if your insurance pays for damages.
What If the Other Driver Has Their Own Insurance?
If the person who borrowed your car has their own auto insurance, their liability coverage may kick in after yours if damages exceed your policy limits. Some drivers also have non-owner car insurance, which is specifically designed for people who drive but don’t own a vehicle.
What If the Car Was Stolen?
If someone steals your car and crashes it, you aren’t responsible for the damages. However, you’ll need to file a police report and rely on your comprehensive insurance to cover your car’s repairs. If the thief damages other vehicles or property, their own assets (if any) may be pursued for payment.
What If My Insurance Policy Excludes Certain Drivers?
Some policies have named driver exclusions, meaning specific people (like a high-risk driver in your household) aren’t covered if they cause an accident in your car. If you let someone excluded from your policy drive, you may have to pay for damages out of pocket.
Insurance policies have fine print that can make or break whether you’re covered, so it’s important to check the details before letting someone else take the wheel.
Comparing Insurance Policies in Florida
Not all insurance companies handle borrowed car accidents the same way. While Florida law requires every driver to have Personal Injury Protection (PIP) and Property Damage Liability (PDL), the way policies apply to borrowed vehicles varies by insurer.
Some companies offer full coverage for permissive drivers, while others may limit or deny claims based on policy exclusions.
Coverage Differences by Insurance Provider
| Insurance Company | Covers Permissive Drivers? | Primary or Secondary Coverage? | Common Exclusions |
| GEICO | Yes, but with restrictions | Primary coverage (pays first) | Excludes business use or excluded drivers |
| State Farm | Yes | Primary coverage | May limit coverage for infrequent drivers |
| Progressive | Yes | Primary, but may share cost | Excludes non-listed drivers in some cases |
| Allstate | Yes | Primary | May deny claims for high-risk drivers |
Common Policy Exclusions
Even if your policy generally covers other drivers, some situations can void your coverage, leaving you stuck with the bill. Here are common reasons insurance might deny a claim:
- Excluded drivers – If the person driving is specifically excluded from your policy, insurance won’t cover the accident.
- Business use – If the driver was using your car for work (like Uber or deliveries) and you don’t have commercial coverage, the claim may be denied.
- Unlicensed or high-risk drivers – Lending your car to someone with a suspended license or a history of DUIs can void your coverage.
- Frequent but unlisted drivers – If someone borrows your car often but isn’t listed on your policy, some insurers may reduce or deny coverage.
Because insurance companies handle these situations differently, it’s important to read your policy carefully before letting someone else drive your car.
Does My Policy Cover Rental Cars or Loaned Vehicles?
Most Florida car insurance policies extend to rental cars but may not cover a friend’s car you borrow. If you frequently drive cars you don’t own, you might need non-owner car insurance to stay protected.
Steps to Take After an Accident in a Borrowed Car
If someone crashes your car, acting fast can protect you from financial and legal headaches. Even though you weren’t behind the wheel, you may still have to deal with insurance claims, liability issues, and possible lawsuits. Here’s what to do:
1. Make Sure Everyone Is Safe
The driver should check for injuries and call 911 if anyone needs medical help. In Florida, reporting an accident is required if there are injuries, deaths, or property damage over $500—which is almost always the case.
2. Call the Police and Get an Accident Report
A police report is key for proving who was at fault and whether the driver had permission to use your car. Without one, insurance claims could get tricky. Make sure the driver tells the police they were borrowing your vehicle, so it’s documented correctly.
3. Gather Important Information
This information helps in case of insurance disputes or legal issues later on. The driver should collect the following:
- Names, phone numbers, and insurance details of all parties involved
- License plate numbers and car descriptions
- Photos of vehicle damage, injuries, and the accident scene
- Names and contact info of witnesses
4. Notify Your Insurance Company
Even if you’re not at fault, you must report the accident to your insurer—waiting too long could lead to a denied claim. Explain that someone else was driving, provide the police report, and ask how your policy covers the situation.
5. Determine Who Pays for the Damage
- If the driver had permission, your insurance will likely pay first.
- If the driver didn’t have permission, their insurance (if they have it) may have to cover damages.
- If the car was stolen, you aren’t responsible, but you’ll need a police report to prove it.
6. Consider Legal Help If Needed
If the accident caused serious injuries, major damages, or insurance disputes, talking to a Florida car accident attorney can help protect your rights and avoid paying for something you shouldn’t have to.
Don’t Get Stuck Paying for Someone Else’s Mistake, Talk to Us Today.
Handling a car accident is stressful—especially when someone else was behind the wheel. Florida’s insurance rules can be complicated, and a single mistake could leave you paying out of pocket. Knowing your rights and next steps is important.
At Mubarak, Sherif & Oladipo (MSO), we’ve seen how insurance companies operate from the inside. If you’re dealing with an accident claim or have questions about your liability, we’re here to help. Visit our contact page to schedule a consultation and get the legal guidance you need.