Lending your car to a friend or family member seems harmless—until an accident happens. If someone else is driving your car and gets into an accident in Texas, you may wonder who is responsible for the damages and whether your insurance will cover the costs. However, these answers aren’t always straightforward. What happens next can depend on several factors, including your insurance policy, the driver’s status, and who is at fault.
At the Kolodny Law Firm, we understand that dealing with the aftermath of an accident can be overwhelming. That’s why we’re here to break down the answer to the question, What happens if someone else is driving my car and gets in an accident in Texas?
Does Insurance Follow the Car or the Driver in Texas?
In Texas, auto insurance generally follows the car. This means that if you give someone permission to drive your vehicle and they get into an accident, your insurance policy will likely cover the damages.
However, there are exceptions. If the person driving your car is explicitly excluded from your policy, your insurance may not provide coverage. Additionally, if the driver was using your car without permission, your insurance provider might deny the claim. To avoid unexpected surprises, it’s always a good idea to review your policy and understand how it handles situations of “permissive use.”.
What Happens If Someone Else Is Driving My Car and Gets in an Accident in Texas?
Texas mandates that all drivers carry liability insurance to cover the costs of accidents they cause. If someone else is driving your car and gets into an accident, the financial responsibility typically falls on your insurance first. If the driver had your permission to use your car, your liability coverage will generally pay for damages they cause to others. Then,
if damages exceed your policy limits, the driver’s personal insurance may step in as secondary coverage.
However, there are other key factors that can impact damages after an accident. Here are some situations to be aware of:
- If the driver is at fault, your rates may increase. Since your insurance is covering the accident, you may see a premium hike, even if you weren’t the one driving.
- If the driver is uninsured or underinsured. If the person driving your car does not have their own insurance, and the damages exceed your coverage, you may be personally responsible for covering the remaining costs.
- If the accident involves an at-fault third party. If another driver caused the accident, their insurance should cover the damages. However, disputes over fault can complicate the claims process, requiring legal assistance to ensure you receive fair compensation.
If you’re unsure how your insurance applies, contacting your provider for clarification is always a good idea. Additionally, seeking legal advice can be beneficial if you encounter coverage disputes or liability concerns.
What Happens If Someone Who Isn’t on Your Insurance Crashes Your Car in Texas?
Another common concern is what happens if an uninsured or non-listed driver crashes your vehicle. In Texas, your insurance may still cover the accident, but there are potential limitations.
Here’s what to consider:
- Permissive use usually extends coverage. If the driver had your permission and meets your policy’s requirements, your insurance will likely cover the damages.
- Excluded drivers are not covered. If the driver is specifically excluded from your policy, your insurance won’t cover the accident, leaving you or the driver financially responsible.
- Unauthorized use may lead to denial of coverage. If someone takes your car without permission and crashes it, your insurer may deny the claim and require the driver to pay for damages.
To avoid issues, always verify who is covered under your policy before allowing someone else to drive your car.
Understanding Negligent Entrustment
Texas courts recognize negligent entrustment, meaning if you allow someone to drive your car knowing they are reckless, unlicensed, or otherwise unfit to drive, you could be held liable for any accidents they cause. For example, if you knowingly let an intoxicated or inexperienced driver use your vehicle, you may be responsible for damages resulting from their negligence.
Being aware of these legal considerations can help you make informed decisions about who can drive your vehicle and protect yourself from unnecessary liability.
How to Protect Yourself and Your Vehicle
While no one expects an accident to happen, taking preventive steps can help minimize financial risks and legal complications. Here are some proactive measures to consider:
- Ensure you understand who is covered, policy limits, and any exclusions that apply;
- Only allow responsible, insured drivers to use your vehicle; and
- Check with your insurance provider to confirm coverage if you regularly let someone drive your car.
By staying informed and cautious, you can avoid costly surprises if an accident does occur.
However, even with precautions in place, accidents can still happen, and you may need to take legal action to recover damages. If you choose to file a lawsuit, it is important to know that the statute of limitations is two years from the date the accident occurred.
The Kolodny Law Firm: Your Trusted Advocate
Dealing with an accident involving your vehicle—even when you weren’t the driver—can be stressful and complicated. Insurance companies may try to limit payouts, and determining liability can be challenging. That’s where we come in.
At the Kolodny Law Firm, we take a personalized approach to every case, ensuring you get the support and representation you need. Since 2012, we’ve been helping injured Texans fight for the compensation they deserve. Whether through negotiation or litigation, we are relentless in our pursuit of justice. We are prepared to:
- Provide clear, honest guidance so you know your options;
- Fight aggressively to ensure insurance companies take your case seriously; and
- Work on a contingency fee basis, so you pay nothing upfront.
Contact Kolodny Law Firm today for a free consultation, and let us help you protect your rights and financial future.
Los abogados de lesiones personales de Houston del bufete de abogados Kolodny Law Firm ofrecen una representación dedicada a las personas lesionadas por negligencia. Trabajamos incansablemente para asegurar que nuestros clientes reciban la compensación que merecen. Contáctenos para una consulta gratuita, y permítanos luchar por sus derechos mientras lo apoyamos en cada etapa de su caso de lesiones personales.
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