Lending your car to a friend or family member may seem harmless, but what happens if they get into an accident while driving your vehicle? In Texas, car insurance typically follows the car, not the driver. That means your insurance policy may be responsible for covering damages—even if you weren’t behind the wheel.
At Glen Larson Law Injury Attorneys, our Austin personal injury lawyers help Texas drivers understand their rights and responsibilities when someone else causes an accident in their vehicle.
Who is Responsible for Damages?
When another person drives your car and gets into an accident, liability generally falls on your auto insurance policy first.
However, the circumstances of the accident determine how coverage applies:
- If the Driver Had Permission
- If you give explicit or implied permission for someone to use your car, your insurance policy is the primary coverage for any damages or injuries caused in the accident.
- If damages exceed your policy limits, the driver’s personal insurance may provide additional coverage.
- If the Driver Did Not Have Permission
- If someone took your car without consent, including a friend or relative used it without asking, you may not be liable for the accident.
- In this case, the driver’s insurance would be responsible for covering damages.
- If the driver is uninsured, you may need to prove they did not have permission to avoid financial responsibility.
- If the Driver is Listed on Your Policy
- If the person driving is a named insured on your policy—such as a household member—your insurance will cover the accident just as if you were driving.
- If the Driver is Excluded from Your Policy
- In Texas, you can exclude specific drivers from your auto insurance policy.
- If an excluded driver takes your car and crashes, your insurance will not cover the damages—even if you permit them to drive.
What if the Other Driver is at Fault?
If the person driving your car is not at fault, the at-fault driver’s insurance should cover the damages. However, if the at-fault driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage may help cover expenses. While not mandatory, insurance companies in Texas must offer uninsured motorist coverage when you purchase your mandatory liability insurance, and you must reject it in writing to decline it.
Get Legal Help After an Accident in Texas
If someone else was driving your car and got into an accident, navigating the legal and insurance complexities can be overwhelming. At Glen Larson Law Injury Attorneys, we are committed to helping Texas drivers understand their rights and fight for fair compensation.
Call (512) 883-0277 or contact us online today to schedule a free consultation. We pursue dedicated, driven results for our clients, and there is never a charge to talk to an attorney. We stand ready to help you.