Personal injuries and accidents can happen unexpectedly, even when you lend your car to a friend or someone else. While you may trust your friend’s driving skills or believe your car is in safe hands, accidents are called accidents for a reason – they’re not planned. When such accidents occur, one of the most pressing questions is, “Who pays for the damages?”
Insurance Coverage Generally Follows the Vehicle
In Texas, as in many other states, auto insurance typically follows the vehicle rather than the driver. This means that, in most cases, it’s your auto insurance that should cover the damages to your car, regardless of who was driving it at the time of the accident. This holds true as long as the driver had your permission to use your vehicle and wasn’t engaged in any unlawful activities.
Your Insurance as the Primary Coverage
When someone else crashes your car, your insurance will be the primary source of coverage for property damage to your vehicle. Your policy’s collision coverage should come into play, subject to any deductibles specified in your policy. This means your insurer will pay for the repairs or the actual cash value of your vehicle if it’s deemed a total loss, minus the deductible.
What If the Friend Has Their Insurance?
If your friend has an auto insurance policy, their coverage might come into play as secondary insurance. However, it’s essential to note that your insurance remains the primary source of coverage for your vehicle. Your friend’s policy may step in if the damages exceed the limits of your policy or if your policy doesn’t cover certain aspects of the accident.
Determining Fault
The determination of fault plays a significant role in insurance claims. Texas follows a modified comparative fault system, meaning that if the other driver (whether it’s your friend or someone else) is found to be more than 50% at fault for the accident, that insurance should pay damages in line with the percentage of fault. In some circumstances, they may be liable for all of the damages.
Consultation with an Attorney
In complex cases involving disputes over fault or insurance coverage, it’s advisable to consult with an experienced personal injury attorney. They can help protect your interests, negotiate with insurance companies, and navigate any legal complications that may arise.
Consider Personal Injury Claims
If you or your friend sustained injuries in the accident and it was the other driver’s fault, you may also have grounds for personal injury claims. Consult an attorney to explore your options for compensation for medical expenses, lost wages, pain, suffering, scarring and permanent impairment.
When a friend or someone else crashes your car in Texas, it’s generally your auto insurance that takes the primary responsibility for covering the damages to your vehicle. Your friend’s insurance may come into play as secondary coverage, but it’s crucial to understand that your policy is the primary source of protection. In cases involving injuries or disputes over fault and coverage, consulting an attorney can provide valuable guidance.
Contact Springer & Lyle
At Springer & Lyle, we are committed to assisting you with all your personal injury and accident-related legal needs, ensuring that you receive the protection and compensation you deserve. Contact us at 940.387.0404 to schedule a free consultation. Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.
