The Owner of the Car is Different from the Driver: Who Pays for My Injuries?
When a car accident occurs, it can get complicated if the driver isn’t the registered owner of the vehicle. Texas law generally treats the insurance policy of the car as the primary coverage, meaning the vehicle owner’s insurance typically responds first in the event of an accident. Understanding how liability works when the owner and driver are different is crucial to ensuring you receive proper compensation for your injuries.
How Insurance Works When the Owner and Driver are Different
In most cases, if the owner gave permission to someone else to drive their car, the owner’s insurance policy will cover injuries caused by that driver. This is called primary coverage. It ensures that injured parties have a source of compensation, even if the person behind the wheel is not the owner.
The driver may also carry their own personal insurance policy. In these situations, the driver’s insurance often acts as secondary coverage. If the damages exceed the limits of the owner’s policy, the driver’s insurance can help cover the remaining costs, such as medical bills, lost wages, and property damage. This dual-layer coverage can provide added protection for injured victims.
When the Vehicle Owner Could Be Directly Liable
There are situations where the owner of the car could face direct liability. For example, if the driver has a history of reckless behavior—such as multiple DUIs, speeding tickets, or other dangerous conduct—and the owner knew or should have known about it, the owner could be considered negligent for allowing them to drive. This may not always increase the insurance payout but can provide additional leverage in a personal injury claim or lawsuit.
What Happens if the Driver Can’t Be Located?
If the at-fault driver cannot be found after the accident, the injured party may still have a way to pursue compensation. In this case, filing a claim against the vehicle owner is often the only viable option. The owner’s insurance would still be responsible for covering damages caused by their vehicle, even if they weren’t driving at the time.
Why Hiring an Experienced Personal Injury Attorney Matters
Cases involving separate vehicle owners and drivers can be complex. An experienced personal injury attorney can help you navigate the various insurance policies, identify all liable parties, and ensure that you receive maximum compensation for your injuries. From handling negotiations with insurance adjusters to filing a lawsuit if necessary, having a skilled attorney on your side can make a significant difference in the outcome of your case.
