What happens if someone else is driving my car and gets in an accident? Liability and insurance coverage for these accidents depend on several factors, including who was driving, whether they had permission, and the terms of your policy. Finding out someone else caused an accident while driving your car can leave you feeling uncertain about your next steps.
You may wonder whether your insurance will cover the damages or if the driver’s insurance policy will take responsibility. In most cases, auto insurance follows the car rather than the driver, but there are exceptions. For a clearer understanding of how liability applies in these cases, you may need guidance from a trusted Houston car accident lawyer.
Understanding Insurance Coverage When Someone Else Drives Your Car
In Texas, car insurance typically follows the vehicle, meaning the owner’s policy often provides primary coverage when someone else drives their car. However, there are situations where the driver’s insurance may also play a role.
Your Houston personal injury lawyer can help determine which insurance policy applies to your specific circumstances.
Scenarios Where the Owner’s Insurance Applies
In most cases, the car owner’s insurance is the first to respond when someone else causes an accident in your vehicle. The details of your policy should explain when it would or would not apply. Below are examples of situations where the owner’s policy typically provides coverage:
- Permissive use – Coverage generally applies when the driver has explicit permission to use the car.
- Family members – Relatives living in the same household are often automatically covered under your policy.
- Lending your car – Allowing a trusted friend to borrow your car temporarily may be covered under your policy.
- Accidents involving emergencies – If someone borrowed your car in an emergency, your insurance may apply.
- Temporary use by a coworker – In certain circumstances, a coworker using your car for work-related purposes might be covered.
When the Driver’s Insurance Becomes Involved
The driver’s personal auto insurance may provide secondary coverage if the damages exceed the limits of the vehicle’s owner’s policy or if the driver is found partially liable. Understanding how these policies interact is crucial.
Texas insurance laws require drivers to carry a minimum liability policy, according to the Texas Department of Insurance, which includes $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage.
Exceptions to Coverage
While auto insurance typically follows the car, there are circumstances where coverage may not apply after an accident. Exceptions are often based on the terms of the vehicle owner’s policy or the actions of the driver. Understanding these exceptions is important to determine whether the owner or driver is liable for the damages and may include:
- Unauthorized use
- Excluded drivers
- Commercial use
Legal Considerations for Accidents Caused by Another Driver
When someone else is driving your car and causes an accident, legal liability can depend on several factors, including who was driving and why. Texas law addresses scenarios where car owners may be held partially or fully responsible for damages. When you understand how these laws apply, you can resolve disputes more easily and protect your financial interests.
Texas Liability Laws for Vehicle Owners
Texas law addresses scenarios where car owners may share liability for accidents caused by someone else driving their vehicle. Under Tex. Civ. Pract. & Proc. Code § 33.001, the concept of proportionate responsibility applies, meaning liability can be distributed among multiple parties based on their percentage of fault. Vehicle owners may be held liable if they allow someone who is unfit to drive to use their car.
For example, if you allowed someone with a history of reckless driving or DUI convictions to borrow your car and cause an accident, you could share responsibility for the resulting damages. Similarly, lending your car to someone you knew was unlicensed or uninsured could expose you to liability. If you hope to protect your rights and financial interests as a vehicle owner, it is crucial to understand these nuances.
Negligent Entrustment
In Texas, negligent entrustment laws hold car owners responsible when they lend their vehicle to someone unfit to drive. According to Tex. Civ. Prac. & Rem. Code § 72.001, a vehicle owner may be liable if they knowingly allowed an intoxicated, inexperienced, or reckless driver to use their car. Proving negligent entrustment requires showing that the owner had reason to believe the driver posed a danger to others on the road, some examples of which may include:
- Inexperienced drivers
- Intoxicated drivers
- Drivers with a history of accidents
- Unlicensed drivers
- Distracted drivers
What to Do If Insurance Denies Coverage
If your insurance denies coverage after someone else causes an accident while driving your car, you still have options to recover compensation. Denials can happen for a variety of reasons, including policy exclusions or disputes over liability. You can address the issue head-on with a reputable legal advocate handling the insurance negotiations process on your behalf.
Filing a Personal Injury Claim
Filing a personal injury claim in Texas allows you to recover damages caused by another person’s negligence. Tex. Civ. Prac. & Rem. Code § 33.001 explains how victims can still recover compensation for their losses as long as they are less than 51% at fault. This rule ensures that liability is distributed fairly among all responsible parties.
Exploring Uninsured or Underinsured Motorist Coverage
Uninsured or underinsured motorist (UM/UIM) coverage can provide financial relief when other insurance policies are insufficient or unavailable. While UM/UIM coverage is not mandatory in Texas, it can offer additional protection for incidents that you may not expect. This optional coverage could apply in several scenarios, such as:
- Hit-and-run accidents
- Driver with minimal coverage
- Uninsured drivers
Contact a Compassionate Houston Car Accident Attorney for the Support You Deserve
If you suffered financial or emotional stress after someone else caused an accident while driving your car, it can be difficult to know where to turn. Our team with Lowe Law is here to provide the guidance and support you need to protect your interests and secure fair compensation.
Reach out to a knowledgeable legal advocate with Lowe Law and move forward with your claim in confidence.
