What Happens If Someone Else is Driving My Car and Gets in An Accident in Texas

Michael S. Callahan | | Car Accident
what happens if someone else is driving my car and gets in an accident in texas

In Texas, the laws around car accidents involving someone else driving your car can be complex. It’s natural to worry about what might happen if the person driving your car gets into an accident.

Questions like “Am I liable if someone else wrecks my car?” or “Will my insurance cover the damages?” are common.

The coverage provided by your auto insurance policy and the legal responsibilities of the driver and the car owner can vary depending on the circumstances. Knowing these details could make all the difference if an accident occurs to protect yourself and your assets.

Understanding Texas Laws and Insurance Coverage Requirements

Texas law mandates liability insurance coverage for all drivers, and these requirements apply whether you are behind the wheel of your car or someone else’s.

Liability Insurance Requirements in Texas

In Texas, all drivers are required by law to carry a minimum level of liability insurance. This insurance is designed to cover damages or injuries you cause to others in an accident. The minimum liability coverage in Texas includes:

  • $30,000 for bodily injury per person,
  • $60,000 for bodily injury per accident (if more than one person is injured) and
  • $25,000 for property damage.

These minimum requirements apply to anyone driving a vehicle in Texas, but it’s important to note that they may not cover all potential damages or losses. Car owners should consider additional coverage options to protect themselves and their assets.

Insurance Coverage for Vehicle Owners and Drivers

If someone has your permission to drive your car and gets into an accident, your insurance is generally the primary coverage. This is known as “permissive use.” However, coverage could be denied or limited if the driver is using your car without permission, if the car is being used for commercial purposes, if the driver is specifically barred from coverage under your policy, or if the driver is under the age restrictions specified in your policy.

Every insurance policy is different, and understanding the specifics of your policy is essential. Some policies offer more comprehensive coverage that extends to other drivers, while others may have significant limitations. Reading the fine print and discussing your coverage with your insurance agent can help ensure you know what is and isn’t covered when someone else drives your car.

Unauthorized Use of The Vehicle

If someone takes your car without permission and gets into an accident, most Texas auto insurance policies may deny coverage since they typically cover only drivers with the owner’s explicit permission. Many policies also have specific exclusions for unauthorized use, meaning they might not cover damages to either vehicle or medical expenses.

In such cases, the car owner could be left responsible for the costs and might have to pursue legal action against the unauthorized driver to recover these expenses. However, this process can be difficult, particularly if the driver is uninsured or unable to pay. Potential consequences for the unauthorized driver include:

  • Personal Liability: The unauthorized driver could be held personally liable for any damages or injuries caused by the accident. This means they must pay out of pocket for repairs, medical bills, and other expenses.
  • Legal Repercussions: Driving a vehicle without the owner’s permission in Texas is considered a criminal offense. Depending on the circumstances, the unauthorized driver could face charges ranging from misdemeanor to felony, particularly if the accident results in serious injury or damage.
  • Limited Insurance Options: If the unauthorized driver has their own insurance, their policy might provide secondary coverage, but this is not guaranteed. Without valid coverage, they could face significant financial burdens.

Unauthorized Use and Stolen Vehicles

If your vehicle is stolen, you generally won’t be held liable for any accidents caused by the thief. Many auto insurance policies include specific exceptions for theft, meaning that damages may still be covered under your policy’s comprehensive or uninsured motorist coverage. You must report the theft to law enforcement and your insurance company as soon as possible to ensure you’re protected.

Tips for Car Owners on Minimizing Risks and Liabilities

If you own a vehicle that often gets driven by others and you want to ensure you are protected, here are some valuable tips for minimizing risks and liabilities:

  • Restrict access to your vehicle: Be mindful of who has access to your keys. Avoid leaving keys in easily accessible places, especially if you share your living space with others.
  • Clearly communicate who is allowed to drive your car: Make sure friends, family, and housemates understand that they need your explicit permission before taking the vehicle.
  • Consider adding “Named Driver” exclusions: Some policies allow you to specify who is excluded from driving your car. This can ensure that only trusted drivers are covered under your policy.
  • Report unauthorized use promptly: If someone takes your car without permission, immediately report it to the authorities. This can provide legal protection and prevent further complications if an accident occurs.

Accidents Caused by Another Driver

For accidents caused by another driver, the at-fault driver’s insurance should cover the damages, regardless of who is driving your car. In Texas, the at-fault party is typically responsible for compensating for property damage, medical expenses, and other related costs. However, complications can arise if the at-fault driver is uninsured or underinsured.

Filing Uninsured Motorist Claims the Other Driver Lacks Insurance

  • Check your policy: Ensure you have uninsured/underinsured motorist coverage (UM/UIM) in your policy, which can protect you if the at-fault driver lacks adequate insurance.
  • File a claim promptly: Contact your insurance company as soon as possible to file a UM/UIM claim and provide all necessary documentation, such as police reports and witness statements.
  • Prepare for possible denials: Insurance companies may attempt to minimize their payout or deny your claim. You should have an attorney ready to provide additional evidence or counter their decision.

Commercial Use of the Vehicle

Standard personal auto insurance may not provide coverage if your vehicle is used for commercial purposes, such as delivering food or providing ride-sharing services. In Texas, it is necessary to have commercial auto insurance or a specific endorsement to cover any accidents or damages that occur while using a vehicle for business purposes. Failing to have the proper coverage could leave both the driver and car owner financially vulnerable in the event of an accident.

Potential Responsibilities and Liabilities for Car Owners

Car owners who allow their vehicles to be used for commercial purposes must be aware of potential liabilities. If an accident occurs during commercial use and the driver lacks adequate insurance, the car owner could be held financially responsible for damages, medical costs, or legal fees.

To minimize risks, car owners should confirm that the appropriate commercial auto insurance is in place before allowing their vehicle to be used for business purposes. They should also carefully review their insurance policy to understand any exclusions related to commercial activities.

FAQ

Who is responsible if someone is driving my car and gets in an accident in Texas?

In Texas, the primary responsibility typically falls on the car owner’s insurance policy since auto insurance generally follows the vehicle, not the driver. However, the driver’s insurance may also play a secondary role if needed. Liability can vary depending on who was at fault for the accident and whether the driver had permission to use the vehicle.

Can someone drive my car if they are not on my insurance in Texas?

Yes, someone can drive your car even if they are not listed on your insurance policy, as long as they have your permission. Most insurance policies in Texas cover “permissive use,” meaning your insurance will generally cover accidents involving someone driving your car with your consent. However, coverage could be limited depending on your specific policy.

Is an unlicensed driver in an accident not at fault in Texas?

Even if an unlicensed driver is not at fault for the accident, they may still face penalties for driving without a valid license. Their lack of a license could complicate insurance claims, and in some cases, the car owner’s insurance may deny coverage if an unlicensed driver was behind the wheel.

What happens if an excluded driver gets in an accident in Texas?

If an excluded driver, known as someone specifically named in your insurance policy as not covered, gets into an accident while driving your car, your insurance will likely deny coverage. The excluded driver and potentially the car owner could be held personally liable for any damages or injuries caused. In such situations, the car owner may need to pay out of pocket for the costs associated with the accident.