A friend borrowed my car and was pulled over and arrested for DWI. What happens to my insurance?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 19, 2010

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Insurance Question from Houston, TX

Asked on 10/19/2010

A friend borrowed my car and was pulled over and arrested for DWI. What happens to my insurance? While he has not gone to court yet, the police officer that called me to inform me of my car being towed told me that my friend barely failed the test. That friend, however, is uninsured. My family has been with the same insurance company for over 15 years, and the agent has informed us that when the paperwork goes to them, they may have to cancel our coverage. Is this likely?

Answer given on October 21, 2010

In insurance, the insurance follows the car.  However, since there was no accident and/or property damage or bodily injury, your insurance would not be involved.  I am presuming the friend is not listed on the policy as a driver, so your insurance should not be affected in anyway.

You need to discuss this with your agent.  I do know that Texas has different laws regarding insurance, but I don’t see how your insurance could be involved in any way, since there is no claim involved with the incident.  Your agent may have thought there was a claim involved with the situation.

In the case that your friend is listed on the policy as a driver, I do recommend that you remove him, just to avoid any situations in the event he is convicted and his license is suspended or cancelled.

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