Is the owner of the car or the driver liable for an accident in Texas?
Asked by: Lacy Hermiston | Last update: October 20, 2025Score: 5/5 (53 votes)
Texas is a Fault State Under Texas fault law, the party which causes a car accident and any resulting injuries is responsible for providing financial compensation. To show they can pay for an accident they cause, Texas motorists purchase liability insurance coverage for bodily injury and property damage.
What happens if someone wrecks your car and they aren't on your insurance in Texas?
If the driver involved in the accident isn't listed on your insurance policy, the situation becomes more complex. As stated above, in Texas, insurance typically follows the car, not the driver. If you gave permission for someone to drive your car, your insurance should cover the damages resulting from the accident.
Am I liable if my name is on a car title?
If the truck is in your name and they get into an accident, you are jointly liable with them for damages caused. If your insurance finds they have no license they will not cover the damages and you would be personally liable.
Does insurance follow the car or the driver in Texas?
In most cases, Texas auto insurance policies cover the motorist, their family, and people driving their car with permission. Generally, bodily injury liability, personal injury liability, collision, and comprehensive coverage follow the vehicle. However, personal injury protection (PIP) coverage follows the driver.
Who determines fault in car accident in Texas?
Insurance Company Adjuster
The insurance company will assign an adjuster to your car accident claim. Their job is to determine fault. However, if they are from the insurance company of the other driver, they are also looking to put the blame on you.
Who is liable in a car accident in Texas? The driver or the owner?
Who is liable in a car accident owner or driver in Texas?
Texas is a Fault State
Under Texas fault law, the party which causes a car accident and any resulting injuries is responsible for providing financial compensation. To show they can pay for an accident they cause, Texas motorists purchase liability insurance coverage for bodily injury and property damage.
Who pays for a car accident in Texas?
Texas is an at-fault car insurance state
In Texas, when a car accident occurs, the at-fault driver's insurance company is generally responsible for compensating the victims for their injuries and losses.
Can someone drive my car if they are not on my insurance in Texas?
Permissive Use
If a driver allows another individual to drive the vehicle, the coverage remains active in Texas. Some examples could include: You allow your friend to drive your car home from a night out because they volunteered to be designated driver.
Can my son drive my car if he is not insured?
Most insurers cover someone else driving the policyholder's car with their permission once in a while. But, if you're going to start driving one of your parent's cars regularly, you'll need to be added or named on their auto insurance. You can't legally drive your parents' car without any insurance at all, either.
Whose insurance pays if driving someone else's car?
If a claim is made while someone who is not the owner of the car is driving (given they're accepted under permissive use; see more details below), the policy that the vehicle is insured under will pay out for a claim.
Does it matter whose name is on the car?
Yes, the name on a car title can impact insurance coverage. Insurance companies usually require the policyholder to have an insurable interest in the vehicle, meaning they either own the car or have a significant financial interest in it.
Who is held liable in case of collision?
Proving Fault
If you are hit from behind, the other driver will generally be held responsible. Another example is when someone making a left turn gets hit. The party making the left turn will likely be held responsible in the case of an accident because the cars in the lane they cross generally have the right of way.
Does car ownership affect insurance?
It is absolutely critical for car ownership that the name on the title & registration matches the name on the declarations page for personal or business auto insurance policies. Otherwise, you could jeopardize the coverage provided in your personal auto insurance or business auto insurance policy.
Is it better to use your insurance or theirs?
After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.
Can my husband drive my car if he is not on my insurance?
Usually, yes. Your car insurance coverage should be able to extend to anyone else driving your car. Even if someone isn't listed on the policy, they can operate your vehicle. If you explicitly name someone as an excluded driver in your policy, however, none of this applies to them.
How does insurance work when someone hits your car?
Collision coverage typically helps pay to repair or replace your vehicle if it's hit by another vehicle (or if you hit another vehicle or object), regardless of who is at fault. Even if you cannot find the other driver, you may be able to file a claim under your own auto insurance policy's collision coverage.
What happens if you don't add your child to your car insurance?
You may need to sign a form with your insurance company confirming that your child will not drive any of your cars. If your child gets into an accident and isn't listed on your policy, your insurance company may not cover the damages, and there could be other consequences, like policy cancellation.
What happens if someone borrows your car and gets in an accident?
Vehicle Owners Are Liable Under California Law
This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner. Liability is determined by identifying the actual owner of the vehicle.
Can my son drive my car if he doesn't live with me?
If your son doesn't live with you but needs to borrow your car, he can do so with your permission. It is known as permissive use, which means that when someone who doesn't live with you gets permission to borrow your car, they are also “borrowing” your auto insurance coverage.
Does insurance cover the car or the driver?
Under California law, in most instances, the insurance policy attaches to the car itself.
How does car insurance work if someone borrows your car?
While there are exceptions, car insurance generally follows the car and not the driver. Allowing another licensed driver to borrow your vehicle is known as "permissive use," which means you give someone, who isn't listed on your car insurance policy, permission to operate your vehicle.
What happens if someone drives your car and they are not on your insurance?
If your friend or any family members get into an accident while behind the wheel of your vehicle, liability will also take into account whether or not they had driver's permission. California's laws on insurance coverage mean that the car insurance will follow the vehicle, no matter who is driving it.
Should I file a claim if I'm not at-fault?
Always File a Claim, Regardless of Who Was At-Fault
One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.
Who decides fault in a car accident in Texas?
In most car accident cases, insurance adjusters are who determines fault. But under special circumstances, car accident cases can even get to court.
Do I call my insurance or theirs?
If you get into a car accident, you are under no obligation to call another driver's insurance company to work out the claim. All you need to do is talk to your insurance provider when you get into an accident or if someone else hits your car, and they will handle the claim on your behalf.