In an accident who is an insurance company liable for – the insured of the car or the person who was driving it?

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In an accident who is an insurance company liable for – the insured of the car or the person who was driving it?

A man driving a car owned by his girlfriend left the roadway and headed directly toward my house at 45 mph. Before crashing into my home, he wrapped his car around a tree in my front yard. Debris was thrown toward my home doing $1,200 worth of damage and $850 damage to the grounds. The driver showed the police officer an insurance card only with his girlfriend’s name on it. The insurance company will not pay for the repairs done by the driver, as they say he will not make communication with them and therefore they are not liable for repairs to my home since he was not the one insured. Is this legal?

Asked on June 19, 2015 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The registered owner of the vehicle is liable for the accident even though she wasn't present and the car was driven by another person.

Although the insurance company might try to deny liability for a driver not on the insurance policy, the registered owner of the vehicle is liable as stated above.

Your response to the insurance company denying liability should be to file a lawsuit for negligence naming both the registered owner of the vehicle and the driver as defendants.

 


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