Car Accident Cases Can Be Complex
Many people often ask, “What happens if someone else is driving my car and gets in an accident in Texas?” The answer is often straightforward, in that the owner’s insurance covers anyone driving the car with permission.
However, what happens when someone borrows a car without permission and gets in an accident? What if they were using that vehicle to deliver food for an app? Our experienced attorneys answer these and other questions about what happens if someone is in an accident while driving your car in Texas.
What are the insurance coverage requirements for drivers and owners in Texas?
According to the Texas Department of Insurance, all drivers are required to show proof of liability insurance. Insurance is typically purchased by vehicle owners and covers anyone in the owner’s family or those who borrow their car with permission, within the limits of the policy.
The 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 is not covered by insurance and gets into an accident. 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 borrows your car without permission, 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?
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 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.
We have won millions of dollars for our car accident clients, and we can help you as well. Contact us today at (832) 859-8453 for a free consultation to learn how to proceed after your car is in an accident while someone is borrowing it.
