Car accident cases can be complex, especially when someone else is driving your car. Many people wonder, “what happens if someone else is driving my car and gets in an accident in Texas?” or “if I let someone borrow my car and they get in an accident in Texas, am I liable?” The general answer is that the owner’s insurance typically covers anyone driving the car with permission. However, there are important exceptions.
If someone borrows your car and gets in an accident, Texas law generally considers the vehicle owner’s liability insurance as the primary coverage for damages, provided you gave permission. But, what happens if someone who isn’t on your insurance crashes your car in Texas? If the driver is not excluded and you allow them to drive, your insurance is activated first.
On the other hand, if someone took your car without permission and had an accident, you may wonder what happens if someone borrows your car and gets in an accident without your approval. In this case, your insurance will likely deny coverage, and the at-fault driver’s own insurance (if any) must apply. If they are uninsured, the other party may need to file a claim under their own uninsured motorist policy.
Throughout every scenario—whether you let someone borrow your car, someone not on your insurance gets into an accident, or you’re facing denied coverage—The Karam Law Office is your trusted advocate for car accident liability and insurance questions in Texas.
What Are the Insurance Coverage requirements for Drivers and Owners in Texas?
In Texas, liability insurance is a legal requirement for all drivers, as mandated by the Texas Department of Insurance. Generally, auto insurance policies in Texas follow the car, meaning that coverage typically extends to anyone driving your vehicle with your permission. This addresses common concerns such as:
- If someone borrows my car and gets into an accident, am I liable? In most cases, your car's insurance policy would be the primary coverage for damages if the driver had your permission.
- What happens if someone gets into an accident while driving my car? Your insurance policy would likely cover the accident, up to your policy's limits, if the driver was a permissive user.
It's important to review your specific policy to understand any limitations or exclusions. For example, your insurance policy will exclude and not cover drivers who:
- borrow your car without permission;
- are using the vehicle for commercial use, such as delivering food for an app;
- are under legal driving age;
- are specifically excluded from your policy.
Uninsured motorist coverage is insurance that pays when a driver, such as your friend, is not covered by insurance and gets into an accident in your car. It is not legally required, but if you don’t want it you must tell your insurer in writing, so most people have it.
Optional insurance coverage many Texans carry includes:
- Collision coverage covers your vehicle damages if you are in an accident
- Comprehensive coverage covers damage to your vehicle if it is stolen or damaged by something other than an accident
- Personal Injury Protection (PIP) covers the medical bills, lost wages, and other injury-related expenses for you and your passengers after an accident
Read your car insurance policy carefully before you loan out your vehicle so that you know if the driver will be covered.
What Happens if Someone Borrows My Car Without Permission and Causes an Accident?
If someone unknowingly borrows your car and they get into an accident, your liability insurance will not cover that individual. Instead, the driver’s insurance would be responsible for paying the claim. If the driver did not have insurance, the other driver would need to file an uninsured motorist claim with their own insurance.
The damages to your vehicle may be covered by your insurance if you have comprehensive coverage. If you only have the state-required minimum liability coverage, you’ll be paying for the damage to your own vehicle out of your own pocket.
What Happens if Someone Borrows My Car and Is Hit By Another Driver?
If your car is in an accident caused by the negligence of someone else, the at-fault driver’s insurance should cover the damages to your vehicle and the driver’s injuries, regardless of who the driver was. If the driver who hit your vehicle does not have insurance, you will need to file an uninsured motorist claim with your insurance company.
If you do need to file an uninsured motorist claim with your insurance, you should contact an attorney before accepting their settlement. Even though you pay them to cover you, they are just like any other insurance company once you file a claim. Make sure that you are getting a fair offer.
What Happens if Someone Gets in an Accident in My Car While Delivering Food?
Many Texas drivers wonder what happens if someone gets into an accident in their car while delivering food. A commercial insurance policy is required to drive a vehicle for commercial purposes, and this includes delivering food for delivery apps like Uber Eats, Door Dash, and Grub Hub, as well as any restaurant. Those delivering food for delivery apps are required to have their own separate insurance for that purpose, and that insurance will cover the accident.
However, if the driver does not have this insurance, your policy still won’t cover the accident. The other driver would need to file an uninsured motorist claim with their own insurance representative. The damages to your vehicle would be your responsibility.
Was Someone in an Accident While Driving Your Car in Texas?
If your vehicle was in an accident while someone else was driving, you should contact one of our experienced personal injury attorneys. There are many other nuances that can come into play depending on circumstances, and not all cases are as cut and dry as described above.
The Karam Law Office has recovered millions for Texas car accident clients and stands ready to fight for you. Contact us today at (281) 302-5272 for a free consultation and let us guide you through the process when someone is borrowing your car and gets into an accident.
