Am I Covered Driving Someone Else’s Car?

Question:  I was involved in an accident.  I was driving someone else’s car.  The accident was my fault.  Which insurance covers the accident: mine or the car’s?

Robert’s Answer:  In Texas, insurance primarily follows the car.  So long as you are driving the vehicle with the permission of the owner, then the insurance that covers the car is primary in the event of an auto accident.  If the driver has his own insurance, then that insurance would be secondary to the vehicle’s insurance.

There are some issues that you need to be aware of.  For instance, if the driver and owner are residents of the same household, then the vehicle’s insurance company may deny coverage on the basis of fraud or non-disclosure.  Additionally, if the driver is expressly excluded from coverage under the insurance policy, then there will be no coverage.

So, if you are driving someone else’s car, just make sure that the vehicle is insured and the you are not excluded or an undisclosed member of the owner’s household.  Otherwise, you might have trouble getting the vehicle’s insurance to accept coverage in the event of an accident.  However, if the driver has his own auto insurance, that policy should stand in to provide the necessary coverage for the accident.

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