Skip to content

Who is Liable in a Car Accident: The Driver or the Owner?

Home » Blog » Who is Liable in a Car Accident: The Driver or the Owner?

Who is Liable in a Car Accident: The Driver or the Owner?

There are all sorts of reasons why someone may borrow your car. You may lend it to one of your kids. Or, your neighbor’s car’s in the shop and they ask if they can use your car to run to the store. The last thing we think about when we lend our car out is that it’ll be involved in a car accident.

However, it’s usually when we least expect it that something like this happens. Most accidents happen within a few miles of your house. So, it makes sense that someone would be on a short errand when they get into a car crash in Texas.

If this happens to you, it’s a good idea to call an auto accident lawyer in Texas. They can advise you on how best to handle the aftermath. They can also deal with the insurance company on your behalf.

One of the biggest questions you may have is who is responsible for the accident? The person driving your car or you – the owner? The short answer to this question is that you’re on the hook. This may not be what you want to hear – but it’s the truth.

Car Insurance Follows the Car – Not the Driver

The general rule when it comes to car accidents is that car insurance follows the car, not the driver. This can be good news or bad news. If someone borrows your car, you’re not going to be happy to learn that your insurance rates may go up. However, at least you know the damage to your car will be covered.

The good news is that you don’t have to worry about whether the person driving your car has valid insurance. Most people who drive do follow the law. They keep their car registered, their license valid and their insurance current. However, there are some people who can’t afford insurance (or just choose not to carry it.)

The other thing is that some people who borrow your car may not have a car of their own. If you don’t own a vehicle, there’s no reason to carry auto insurance. So, there is a chance that the person you loan your car to is uninsured.

In these situations, it should be a relief to know your insurance will cover the damages. You’ll want to get your car fixed. You’ll also want to make sure that anyone who gets hurt in the crash can get the medical care they need.

What if the Driver Has Their Own Insurance?

For the most part, it won’t matter whether the driver has insurance or not. The only time their insurance is going to kick in is if your insurance doesn’t cover the damages caused by the crash. If this is the case, your Texas auto accident lawyer will have to communicate with the driver’s insurance carrier.

In these situations, the driver’s policy will kick in and cover any damages that aren’t covered by your insurance. This could be because the total damages exceed your policy limits. Or, there could be several victims all suffering significant injuries. Regardless of the reason, it is some reassurance that the driver’s insurance acts as a gap-filler or backup coverage.

You may wonder why the driver can’t just step up and insist that their policy cover the accident. Hopefully, they feel bad about crashing your car. They shouldn’t want to see you shoulder the burden. Your insurance premiums will undoubtedly go up after the claim. Even if the other driver is responsible, you’d much rather not have a claim filed at all.

It simply doesn’t work this way. You can’t have third-parties cover injuries caused in your vehicle. Whoever the vehicle is registered to is the person whose insurance will cover the accident.

Contact an Experienced Auto Accident Lawyer in Texas

If you lend your vehicle to someone who gets into a car accident, you may be angry and frustrated. If the damage to the cars is minor and no one is seriously hurt, it may not bother you too much. However, it’s always a good idea to reach out to an experienced auto accident lawyer to weight your options.

Call Brent Coon & Associates today and schedule your initial consultation. You can sit down with a skilled injury attorney in Texas who can answer any of your questions. They can also let you know what your case may be worth. And remember – the consultation is free and you pay nothing until you settle your case.

search

our offices

  • Beaumont Office

    215 Orleans St.
    Beaumont, TX 77701

  • Houston Office

    300 Fannin St.
    Suite 300
    Houston, TX 77002

  • Burbank Office

    4111 W. Alameda Avenue
    Suite 611
    Burbank, California 91505

  • Denver Office

    3801 E. Florida Ave.
    Suite 905
    Denver, CO 80210-2500

  • Philadelphia Office

    1500 Walnut Street
    Suite 2000
    Philadelphia, PA 19102

  • Nashville Office

    1102 17th Avenue, South
    Suite 305
    Nashville, TN 37212

FROM THE BLOG

Can Whiplash Occur Months After a Car Accident in Texas?

One of the most common injuries sustained in a car accident in Texas is whiplash. All it takes is a minor bump to the back of your car and your neck can get twisted too far in one direction. And that’s all it takes to suffer whiplash. Whiplash occurs when your neck is pulled or…

Victim’s Family Reacts to Amber Guyger’s Sentence of 10 Years

Nobody was surprised when Amber Guyger was found guilty of murder in the shooting death of Botham Jean. Many were surprised that she was only sentenced to ten (10) years. We saw how the victim’s family reacts to Amber Guyger’s sentence, and while many of Botham’s family members were unhappy with the sentence, Botham Jean’s…

Brent Coon awarded The National Trial Lawyers’ “Top 100 Civil Plaintiff”

Brent Coon is proud to be named the 2019 National Trial Lawyers’ “Top 100 Civil Plaintiff.” The National Trial Lawyers is a professional organization composed of the premier trial lawyers from across the country who exemplify superior qualifications as civil plaintiff or criminal defense trial lawyers. This national organization provides networking opportunities, advocacy training, and the…