When the situation calls for it, it is normal to lend a friend or family member your car without a second thought. You may even do it regularly. However, have you considered what would happen if they got in a car accident while driving your car? Who would be held liable for any damages caused by the crash?
Here, we answer a common question among car owners. If someone is driving my car and gets in an accident, who is responsible?
If you recently found yourself in this situation, please contact Husain Law + Associates, P.C. to discuss your case with a Houston Car Accident Attorney.
WHO IS RESPONSIBLE IF SOMEONE ELSE WRECKS MY CAR?
In Texas, your auto insurance cover applies more to your car than to you as a driver. This means that if the person driving your vehicle causes an accident, your policy will usually cover damages. That said, there are exceptions to this.
Here are some scenarios and how they could affect liability:
- The Person Who Wrecked Your Car Has Auto Insurance
In the event of an accident, the car owner’s auto insurance policy is generally considered the primary coverage. It covers any property damage or bodily injury caused by the vehicle up to a specific limit. This is regardless of who was driving when the accident happened.
However, if the person driving the car has their own auto insurance policy, it could be used as a secondary cover. It could cover any costs of the accident that exceed the owner’s policy limit.
- The Use of Your Car Was Non-Permissive
This is a situation where the person who wrecked your car didn’t have permission to drive it. If you can prove this, they become liable for any damage they might have caused. That said, establishing non-permissive use is often complicated and may require a Houston Car Accident Attorney.
- An Excluded Driver Caused the Accident
Your insurance cover will not cover any damages caused by an excluded driver. This is regardless of whether they had permission to drive your car.
An excluded driver is someone who has been intentionally left out of your auto insurance policy because they are high-risk, inexperienced, or have a bad driving record.
- Other Exceptions
Your auto insurance will likely not cover any damages caused by someone driving under the influence, even if they had permission to use it. It may also exclude anyone who doesn’t have a valid driver’s license.
SCHEDULE A CONSULTATION WITH A HOUSTON CAR ACCIDENT ATTORNEY
Car accidents can be overwhelming. This is especially so when coupled with the complications that arise when someone else was driving your car during the crash. It is normal to feel confused and unsure of what to do. Fortunately, an experienced attorney can help protect your interests.
If you find yourself in this situation, remain calm and contact us at 713-987-7126 to speak to a Houston Car Accident Attorney. We will inform you of all your legal options and how to pursue them.