Understanding Your Rights After a Family Member Causes a Car Accident
If afamily member was driving your car and caused an accident, you might wonder:Can I still file a claim?
It’s a tough situation — balancing family loyalty with financial and legal realities. But inCalifornia, the law recognizes that even loved ones can make costly mistakes behind the wheel.
OurLos Angeles car accident lawyers often handle cases where the at-fault driver was arelative — a spouse, child, or sibling. The good news? Youcan usually pursue compensation, depending on the details of your insurance coverage and the cause of the crash.
AtLA Injury Lawyers, we’ve helped families across Los Angeles, fromSanta Monica toDowntown LA, recover money for medical bills, lost wages, and car damage — even when the driver was someone close to them.
Can I Sue a Family Member for a Car Accident in California?
It may feel uncomfortable, but sometimes you can sue a family member after a car accident in California.
The key is understanding who’s actually responsible — and in many cases, that’s not your relative personally but their insurance company.
Here’s what that means in practice:
- Auto insurance covers the vehicle, not just the driver.
If your family member had permission to use your car, your insurance policy likely applies to the accident. - You’re not necessarily “suing” your loved one directly.
You’re usually filing a claim against their insurer to recover damages for injuries or losses. - Exceptions exist.
If your family member drove recklessly, drunk, or without permission, insurance might deny coverage — and you might need to take further legal action.
Our attorneys know how to handle these delicate situations, protecting both your family relationships and your financial future.
When Can You File a Claim If a Family Member Was Driving?
In California, there are several scenarios where you can file a claim if a family member was driving your car and an accident occurred:
1. Your Family Member Was at Fault
If your relative caused the crash — for example, by running a red light — andyou or another passenger were injured, you can file a personal injury claim through their insurance.
You’re not targeting them personally; you’re accessing the coverage you pay for.
2. Another Driver Was at Fault
If another driver caused the crash while your family member was behind the wheel, you can file a claim against the other driver’s insurance for vehicle damage, medical bills, and pain and suffering.
3. Your Family Member Was Driving Without Permission
If the relative took your car without consent — say, a teen borrowed it without asking — you might not be liable. In that case, you could deny coverage and file a claim through your own insurance or pursue other legal options.
4. You Were a Passenger in the Car
If you were injured while your relative was driving, you have every right to seek compensation for your medical treatment and recovery costs.
Each case depends on factors like insurance type, permission, and fault. That’s why a consultation with a Los Angeles car accident lawyer is crucial — to evaluate your specific rights and next steps.
California’s “Permissive Use” Law Explained
UndeCalifornia Vehicle Code §17150, theowner of a vehicle can be held liable if someone they allowed to drive causes an accident.
This is called“permissive use.”
Here’s how it works:
- If you’ve given a family member permission to drive your car, your insurance typically covers them.
- California law capsowner liability for permissive use accidents at$15,000 per injured person and$30,000 per accident — unless negligence or other violations are proven.
- If the driver is yourspouse, coverage is usually automatic, unless specifically excluded in your policy.
That means you may still be financially exposed — but with the right legal guidance, you can often minimize losses or shift liability where it belongs.
Common Situations in Los Angeles Involving Family Car Accidents
Our team sees many cases in LA neighborhoods wherefamily members share vehicles for work or school. Some of the most common include:
- Ateen driver borrowing a parent’s car and rear-ending another vehicle on the 405.
- Aspouse caused a crash on Wilshire Boulevard while running errands.
- Asibling is getting into a fender-bender in Santa Monica while using a shared car.
Each situation raises unique questions aboutinsurance coverage andfault.
At LA Injury Lawyers, we help families navigate these challenges — without letting guilt or confusion prevent rightful compensation.
How Insurance Handles Family Car Accidents in California
Insurance can get tricky when family members are involved. Here’s a breakdown of what you should know:
1. Liability Coverage
Pays for damages and injuriescaused to others by the at-fault driver (including your family member).
Under California Insurance Code §11580.1(b)(4), liability coverage must extend to any person using the insured vehicle with the owner’s permission.
2. Collision Coverage
Pays foryour own car repairs, even if your relative caused the crash.
3. Medical Payments Coverage (MedPay)
Coversmedical expenses for you or your passengers, regardless of fault.
4. Uninsured/Underinsured Motorist Coverage
Protects you if the at-fault driver (even a family member) doesn’t have enough insurance.
For reference, California Insurance Code §11580.2 governs uninsured motorist benefits.
If your insurer refuses to pay or blames you unfairly, ourLos Angeles car accident lawyers can step in to negotiate or litigate for a fair outcome.
What If the Driver Wasn’t Listed on Your Policy?
Many families often overlook listing all potential drivers on their policy, particularly adult children or live-in relatives.
If your family member wasn’t listed, your insurer might try todeny coverage.
However, most California policies include permissive use clauses that still apply if:
- The family member lives with you or has regular access to the vehicle
- You didn’t explicitly exclude them from your policy
If your claim is denied for this reason, don’t give up. Our legal team has decades of combined experience challenging bad-faith insurance denials.
Why Hire a Los Angeles Car Accident Lawyer?
Filing a claim against a family member’s policy can be an emotional and complicated process. A skilledLos Angeles car accident lawyer can:
- Handle all communication with insurers
- Protect your rights while maintaining family peace
- Uncover additional coverage sources (like umbrella or homeowner’s insurance)
- Negotiate higher settlements and medical lien reductions
- File lawsuits when insurers refuse to pay fair value
AtLA Injury Lawyers, we’ve recoveredmillions in settlements for families just like yours — from freeway pileups to parking lot crashes.
We know how to balance compassion with tough negotiation.
Free Consultation — Protect Your Rights After a Family Car Accident
You don’t have to choose between your family and your financial recovery.
California law gives you the right to seek compensation, and our team is here to guide you through every step.
Our Los Angeles car accident lawyers offerfree consultations and work on ano-upfront-fee basis — you paynothing unless we win.
Call at (818) 418-4000today to schedule your free case review and learn how we can protect your rights after a car accident involving a family member.
Frequently Asked Questions
- Can I sue a family member for a car accident in California?
Yes, but you’re usually suing theirinsurance company, not them personally. It’s a way to recover compensation for medical bills and other losses. - What if my relative borrowed my car without asking?
If they drove without permission, you might not be liable. You could still file a claim under your own insurance, depending on coverage terms. - Will my insurance rates go up if I file a claim?
Possibly. If your insurer pays out due to your relative’s fault, rates may rise — but a skilled attorney can often limit this impact. - Can I file a claim if I was a passenger and my family member caused the crash?
Yes. Passengers have full rights to compensation for injuries, even if the at-fault driver is related. - How long do I have to file a claim in California?
You havetwo years from the date of the accident to file a personal injury claim. Don’t wait — evidence fades quickly. - Do I need a lawyer if it’s just a minor accident?
Even minor accidents can lead to major medical or repair bills. ALos Angeles car accident lawyer can ensure your claim is handled correctly from day one.