In the event of an accident, insurance companies typically seek reimbursement or take action against the party deemed responsible for causing the accident, which generally means pursuing the at-fault driver. However, the details of whom the insurance company holds accountable can depend on several factors, including the specific state’s laws, the insurance policy terms, and ownership details of the vehicle involved.
At-Fault Driver: Generally, insurance companies target the at-fault driver for compensation claims. The driver is typically the one who committed the actions leading to the accident, making them the primary target for recovery of costs.
Owner of the Vehicle: There are circumstances where the insurance company might pursue the vehicle’s owner, particularly if the owner gave permission to the at-fault driver to use the vehicle. In many jurisdictions, there is a presumption that the vehicle owner is liable if they knowingly allowed their car to be used by another. This is because vehicle owners are often required to maintain minimum liability coverage for accidents involving their vehicles.
Insurance Coverage: The insurance company’s approach will also hinge on the coverage details. If the at-fault driver is not the owner but is listed on the policy or was using the car with the owner’s knowledge and consent, the owner’s insurance policy may come into play.
Subrogation: Insurance companies may also engage in a process known as subrogation. After compensating their insured, an insurer may pursue the at-fault party (driver or owner) to recover the costs paid out.
Ultimately, the approach an insurance company takes will often depend on the available evidence, specific circumstances of the accident, and applicable legal doctrines such as vicarious liability or negligent entrustment.
