Everyone has a friend or family member who needs to use our car for a quick errand. You might reluctantly accept to find out later that they get into an accident while out.
What actions ought to be taken next? Will your insurance policy cover a different motorist not named on it? The car accident attorneys are here to review how insurance coverage works when someone else is driving your vehicle and how false is determined.
Even though you might believe your car would never be in an accident, they happen daily. The conditions of your auto insurance coverage must be understood.
Proving Liability
Texas is a “tort” state, meaning whoever caused the accident is liable for injuries or property loss.
Therefore, your auto insurance will not kick in if someone else is behind the wheel of your car and causes an accident but is not at fault. The at-fault driver’s auto insurance will cover damages.
Will my auto insurance cover a third party driving my car?
Your auto insurance usually extends coverage to additional licensed drivers who reside in the same home and are linked to the policyholder. This bond may have been formed by adoption, marriage, or blood. These people are protected regardless of whether they are included in your insurance policy.
Most of the time, a motorist’s auto insurance covers the vehicle rather than the specific driver. As a result, if your friend is a licensed driver, has authorization to use your car, and doe not frequently borrow it, your auto insurance should pay for the costs of the collision.
Naturally, your insurance coverage will only be effective if your friend was the one who initially caused the accident. It would help if you spoke with a car accident attorney to ensure that your insurance fairly handles your claim.
Exceptions
Under some conditions, the person driving your vehicle will not be protected by your auto insurance.
Permissive Use
If you grant that person permission to drive your automobile, referred to as permissive use, your insurance policy will take effect. You could pay a larger claim deductible if your insurance covers permissive use. Permissive use is not always covered by auto coverage.
Usually, corporate use is not covered by permissive use. Any incidents your friend may have while making deliveries for Uber Eats will not be covered by your insurance if they occur while using your car.
If your friend did drive your car without your authorization, their insurance may be required to pay for any property damage or injuries to other motorists. Before lending your vehicle, it is crucial to read the policy’s fine print.
Named Driver Exclusion
In some states, there is a “named driver exclusion” on insurance policies. Suppose the “named driver exclusion” in your auto insurance policy specifically indicates that it does not apply to any individuals on the list. In that case, your insurance will be useless if they are involved in an accident while operating your car.
Someone with a record of driving irresponsibly would be noted under the driver’s exclusion. For instance, a person with a DUI or a history of accidents would be mentioned in this section.
Untrained or unauthorized drivers
If you permit an inexperienced or unlicensed driver to use your vehicle, your insurance provider can try to reject a claim. The justification for this is that an insurance company would contend that the collision could have been prevented if you had not given the inexperienced driver the wheel.
Negligent Entrustment
You could be charged with a crime if you intentionally lend your car to a driver with a history of driving recklessly or carelessly. Negligent entrustment puts you “on the hook” for someone else’s misconduct, much as vicarious liability, in which an employer is accountable for their employee’s conduct.
Comparative Carelessness
Rarely is one person alone to blame for an accident. After conducting a comprehensive investigation, an insurance adjuster will determine the degree of blame for each driver.
What Can a Car Accident Attorney Assist?
Your claim will be examined by a vehicle accident attorney, who will be able to see any potential obstacles. Despite obstacles, a vehicle accident attorney can compile the essential proof to prove your case.
An automobile accident attorney will investigate every possibility to establish each driver’s liability. In cases involving auto accidents, video evidence can be incredibly valuable. Dashboard cameras are common among drivers, and video is frequently allowed in court. A car accident lawyer will also acquire any pictures taken at the accident scene and interview witnesses to support your claim.
Accidents occur frequently in unfavorable situations. We can assist you if you believe that your claim is without merit. To arrange your consultation, get in touch with Law Office of Matthew Shrum right away. Legal assistance is just a phone call away.