If you were injured by someone driving a borrowed car, you may be concerned about how to collect for your damages. At Springer & Lyle, we are committed to helping you pursue your right to legal compensation even when you are injured by a driver of a borrowed car.
Texas Law Holds the Vehicle Owner Responsible for Injuries Caused by the Person Who Borrowed the Car
Under Texas law, bodily injury liability coverage, which is required by law, “follows the car.” This means that if you are injured by a driver who is at fault for the accident, and who was driving a borrowed car, the car owner’s insurance is responsible and is the first one to look to for compensation. However, the driver must be driving the car “with permission.” If the owner is not insured or is underinsured, you can then go to the driver’s insurance for compensation.
Proving Fault in a Texas Car Accident
In order to collect damages for your injuries in Texas, whether from the owner or driver, you must prove the driver was at fault for the accident. This is true even when the driver you believe was at fault was driving a borrowed car. At fault in Texas, really means having to prove the driver was negligent which is defined as failing to use ordinary care.
Texas also follows a modified comparative fault rule. This means that if you were partially at fault for the accident, your claim for damages will be reduced by the percentage of fault attributed to you. For example, if your damages are $10,000, and you were 20 percent at fault for the accident, your claim will be reduced by 20 percent, which is $2,000, and you will receive $8,000. However, if you were found to be greater than 50% at fault, you could not recover anything.
If you were injured by a driver of a borrowed car, the personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and physical damage to your car. Contact us at 940.387.0404 for a free consultation.