In Texas, the fundamental rule is that liability falls on the at-fault driver. Texas law requires that every car owner have at least $30,000 in liability coverage for their vehicle. However, the situation becomes legally complex when the driver behind the wheel isn’t the owner.
The central question shifts to one of permission: Did the driver have the lawful right to operate the vehicle?
Coverage applies to most cases where a person has permission to borrow the car
Fortunately, coverage applies to most cases where a person has permission to borrow the car and then goes on to cause a collision. Sometimes it can be difficult to define “permission”, but legally in Texas, it can be broken down into:
- Written permission – The least common, this is when a person puts in writing that someone else is permitted to use their car. This writing can be on paper, email, or even social media post.
- Verbal permission – People frequently lend their car out by using the spoken word. While not on paper, this is still completely legitimate.
- Implied permission – This is when a person’s actions imply that they are lending their car to someone else. For example, a parent who gives their car keys to their child is implying that the child has permission to drive the car.
A driver without permission to operate someone else’s car can be facing criminal charges if they cause an accident with the stolen vehicle. While this may let the owner’s insurance off the hook for liability, it does create a question of who will pay for the harm sustained in the wreck.
If you are a victim in this case, then you may be able to file an uninsured motorist claim with your own insurance provider.
The Other Driver Borrowed The Car For Work Purposes
It’s important to understand that Texas law treats work vehicles differently when it comes to liability in an accident. You might not be able to recover from the owner’s insurance if the borrower was using the car for work-related purposes.
A collision can happen with a borrowed car that was being used for:
- Ride-share work – Rideshare companies will generally have an insurance policy that comes into effect if one of their drivers causes an accident while on the job.
- Making deliveries – Some delivery drivers work directly for the company that made the product, but some work for a third-party intermediary. Either way, the driver’s employer may have insurance purchased for your accident.
In these cases, liability is held by the driver who caused the accident while on the job. Every case is unique, and your lawyer will have to assess the details of your accident in order to determine how to recover damages.
