One of the most confusing motor vehicle accident scenarios in Georgia is when the person who caused the crash was driving a borrowed car. People immediately ask, Do I file against the driver or the owner. The answer matters because it can determine how much insurance coverage is actually available and how quickly an insurer tries to deny responsibility.
In many Georgia cases, the starting point is simple: the primary liability coverage usually follows the vehicle, not the person. That is because most auto policies extend liability coverage to permissive drivers through what is commonly called an omnibus clause.
What counts as permission
Permission can be express, like the owner saying sure take my car, or implied based on the relationship and past use. Disputes often happen when the owner claims they never gave permission, or when the driver is a second permittee, meaning your friend borrowed the car and then let someone else drive it. Georgia courts have addressed situations like this, and coverage often turns on the scope of the original permission and the facts of the use.
Why insurance companies fight these cases
Borrowed car crashes are attractive to insurers because they can try to create a coverage argument before they ever talk about your injuries. Common tactics include claiming the driver was not a permissive user, claiming the vehicle was being used outside the allowed purpose, or pushing blame back and forth between carriers to slow your claim down. Even when coverage applies, delays can pressure injured people into taking less just to move on.
What you should do after a borrowed car accident
If you were hit, treat it like any other Georgia car accident, but add a few extra steps to protect coverage.
- Get the owner information. Ask for the vehicle owner’s name, address, and insurance company, not just the driver’s information.
- Photograph everything. Take pictures of the tag, VIN plate if safe, damage, and the scene.
- Get the police report number. Make sure the report lists both the driver and the owner if available.
- Ask about permission carefully. Do not argue at the scene, but note any statements like I borrowed it from my cousin or My friend let me use it. Those details can matter later.
- Do not give a recorded statement to the other insurer right away. Coverage disputes often start with a recorded statement designed to box you in.
- Get medical care and stay consistent. Rear end, side impact, and low speed crashes can still cause real injuries, and treatment records protect both your health and your claim value.
What if the owner’s insurance denies coverage
If the owner’s carrier denies the claim, that does not automatically mean the case is over. There may be other layers of coverage, including the driver’s separate auto policy, an employer policy if it was work related, or your own uninsured motorist coverage depending on the denial and facts. Georgia law requires minimum liability insurance to drive on public roads, but the real question is which policy applies and in what order.
How Gunn Law Group can help
Borrowed car cases move fast in the wrong direction if you let insurers control the narrative. Gunn Law Group can help identify coverage, preserve the right proof early, and push the case toward full value while you focus on treatment and recovery.
If you were injured in a motor vehicle accident in Georgia and the at fault driver was in a borrowed car, do not guess. Need a home run Call the Big Gunn at 888 BIG GUNN for a free case review.
This post is general information and not legal advice. Every case is different.
