When the at-fault driver was behind the wheel of someone else’s car, things can get confusing fast. If you’ve been hit by someone driving a borrowed vehicle, you’re likely asking yourself: Who’s responsible? Whose insurance pays? Can I still recover my losses?
At Denver Personal Injury Lawyers®, we’ve helped many clients deal with these situations—no matter how tricky they might seem at first glance. We know how Colorado law works and how to make sure you aren’t stuck with the bills.
Table of Contents
ToggleHow Borrowed Vehicle Accidents Happen
It’s pretty common for people to borrow cars. Maybe a friend lends their vehicle for errands. Or a family member shares a car for a quick trip. While this is often done in good faith, when a crash happens, it complicates everything.
In most cases, auto insurance follows the car, not the driver. But exceptions exist. Whether you can recover damages depends on:
- Whether the driver had the owner’s permission
- What insurance policies are in place
- If the driver is excluded from coverage
- Whether the car was rented or privately owned
Each situation is different and each detail matters. That’s why it’s important to speak with a Denver car accident attorney early on.
Understanding Colorado Insurance Laws
In Colorado, drivers must carry minimum liability coverage:
- $25,000 for bodily injury per person
- $50,000 per accident for bodily injury to multiple people
- $15,000 for property damage
This coverage pays for other people’s injuries and damages if the policyholder causes a crash. When someone borrows a car with permission, the owner’s insurance typically provides this liability coverage.
However, if the borrower is at fault and the damage exceeds the car owner’s limits, the borrower’s own insurance (if they have any) may act as secondary coverage.
What Happens When the Driver Didn’t Have Permission?
If the at-fault driver used the car without the owner’s permission, the situation may work a little differently—but it doesn’t mean you’re out of options. In these cases, the vehicle owner’s insurance might not apply. However, that doesn’t mean there’s no coverage available.
Instead, the driver’s personal auto insurance (if they have it) often steps in to cover the damages. And if that’s not enough—or if no coverage exists—you may still be protected through your own uninsured/underinsured motorist (UM/UIM) policy.
Even in cases where the driver was excluded or used the car without consent, there’s usually a path forward. At Denver Personal Injury Lawyers®, we’ve helped many clients in these exact scenarios recover full compensation. We know how to investigate the details, identify all available insurance, and build a strategy that protects your financial recovery.
Let our Denver car accident attorneys take care of the complicated parts—so you can focus on healing.
What if the At-Fault Driver Was Uninsured?
If the person driving the borrowed vehicle doesn’t have insurance and the owner’s policy won’t cover the crash, you may be stuck dealing with uninsured motorist issues.
Thankfully, Colorado drivers can carry Uninsured/Underinsured Motorist coverage (UM/UIM). This coverage helps pay for your injuries if the at-fault driver lacks insurance or doesn’t have enough to cover your losses.
Your own auto policy could protect you—even when the other driver can’t pay.
Who Pays for What?
If a borrowed vehicle caused your accident, you might be able to recover compensation from several sources:
- The car owner’s liability policy
- The driver’s personal policy
- Your own UM/UIM coverage
- MedPay or health insurance for immediate medical care
Types of Damages You May Recover
You may be eligible to recover compensation for:
- Medical bills: From ER visits to long-term therapy
- Lost wages: If you missed work due to your injuries
- Property damage: To your car or personal items
- Pain and suffering: For physical and emotional distress
- Out-of-pocket costs: Like transportation to appointments
If the driver was drunk or reckless, punitive damages may also apply.
What to Do After the Accident
After any accident, your first steps matter. Here’s what we recommend:
- Call 911 – Always report the accident to law enforcement.
- Seek medical attention – Your health comes first, even if you feel okay.
- Take photos of the scene – Capture damage, license plates, injuries, and road conditions.
- Get the driver and owner’s info – This includes names, insurance details, and relationship.
- Talk to witnesses – Ask for contact info and brief statements.
- Don’t discuss fault – Keep your statements factual and avoid admitting anything.
- Call a Denver car accident attorney – Legal guidance early on can help you avoid costly mistakes.
If you’re unsure about how to get started, call us for guidance.
A Hypothetical Example
Let’s say a man named Mark borrows his brother’s car. While driving through downtown Denver, Mark rear-ends another vehicle. The crash causes serious neck and back injuries to the other driver.
Here’s what might happen:
- The brother’s car insurance covers the initial damages, since Mark had permission to use the car.
- The injured driver’s total medical bills exceed the brother’s liability limits.
- Mark doesn’t have his own insurance, so the injured person files a claim under their own UIM policy.
A Denver car accident attorney would help gather evidence, handle communications with insurers, and ensure the injured party recovers all available compensation.
Why These Cases Call For an Experienced Denver Car Accident Attorney
Accidents involving borrowed cars often come with extra layers of confusion. Unlike a typical crash, multiple insurance policies may be involved—and each company may try to avoid paying. This back-and-forth can delay your recovery and leave you feeling stuck.
Some of the most common complications include:
- Disputes over permission – Insurers may argue about whether the driver had the car owner’s consent.
- Excluded drivers – If the driver was listed as “excluded” on the policy, coverage may be denied.
- Out-of-state insurance – Some drivers carry policies from other states, with different laws and coverage rules.
- Low policy limits – The available insurance might not cover all your medical bills or property damage.
That’s where we come in. A knowledgeable Denver car accident attorney will know how to navigate these situations, sort out the details, and fight to get every dollar you’re owed.
What if the Vehicle Was Borrowed From a Rental Company?
Accidents involving rental vehicles bring unique challenges. Whether the car was rented through a traditional company or a peer-to-peer service like Turo, the process of determining who pays can get confusing fast. But don’t worry—there are still multiple ways to get your costs covered.
Depending on the situation, insurance coverage might come from:
- The driver’s personal auto insurance – Many drivers have policies that extend to rental cars, especially for liability coverage.
- The rental company’s coverage – Well-known companies like Enterprise, Hertz, or Avis offer optional insurance at checkout. If the driver bought this, it may be the first policy to apply.
- Credit card rental protection – Some credit cards include coverage for rentals if the trip was booked using the card.
- Turo or other peer-to-peer platforms – Turo offers several levels of protection to renters and hosts. These plans vary, so it’s important to know which one was selected.
While these layers of insurance can be tricky to navigate, a skilled Denver car accident attorney can untangle them for you. We’ll track down every source of coverage and make sure no option is left on the table. You shouldn’t have to pay for someone else’s mistake—especially when big corporations or third-party platforms are involved.
Frequently Asked Questions
What if the driver was running errands for the car owner?
That could make the owner partly liable. This falls under a legal concept called “vicarious liability.”
Can multiple insurance policies apply at the same time?
Yes. It’s common for both the car owner’s and driver’s insurance to contribute.
Is it harder to win these cases?
Not necessarily. With the right Denver car accident attorney and clear facts, you can still recover full compensation.
What if the driver wasn’t listed on the insurance?
Some policies cover occasional drivers. Others exclude certain individuals. Your attorney will review the policy language to find out.
Why Expert Legal Guidance Matters
Insurance companies don’t make things easy. They often deny or delay perfectly valid claims. They might argue that the driver didn’t have permission or that someone else is responsible.
A skilled Denver car accident attorney knows how to:
- Investigate who was driving and why
- Request and review insurance policies
- Track coverage limits and exclusions
- Fight lowball offers or denials
Our team has handled countless borrowed-vehicle accidents. Our Denver car accident attorneys will handle all communication with insurance companies and fight on your behalf. We’ll make sure every available insurance dollar goes toward your recovery.
Contact Denver Personal Injury Lawyers® for Help
If you’ve been hurt by someone driving a borrowed car, we’re here to help. At Denver Personal Injury Lawyers®, we handle complex car accident cases every day. We offer free consultations, and you don’t pay unless we win.
We’re known for clear communication, excellent client service, and real results. Let us help you get the compensation you deserve.
Schedule your free case review today and see why we’re one of Denver’s most trusted personal injury firms.