I was in an accident and was hit from behind when I was stopped. The driver of the vehicle that hit me was not the owner of the vehicle, but the vehicle had insurance.

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I was in an accident and was hit from behind when I was stopped. The driver of the vehicle that hit me was not the owner of the vehicle, but the vehicle had insurance.

The insurance company won’t pay for my damages because they said the
driver was not insured to drive that vehicle. What is my recourse?

Asked on April 25, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue both the car's owner and the driver. Insurance sometimes doesn't cover, such as if the car's owner failed to register or provide notice of (and therefore also, pay some extra amount for) another person who at least semi-regularly drives a car; owners have to notify their insurers of all authorized drivers. 
However, a lack of insurance doesn't mean that the at-fault driver is not liable--and someone who hits you from behind is almost always at fault, since they had an obligation to maintain such safe following distance and speed, and pay sufficient attention, as to avoid running into you. And it doesn't mean that the car's owner is not liable, since a vehicle's owner is liable whenever someone whom he allowed to drive (or who was allowed to drive by an authorized driver of the car) is at fault in an accident. All a lack of insurance coverage means is that the liable person(s) have to pay out of pocket (with their own money)--they don't have an insurer to pay for them. So sue both the owner and the driver for your damages or losses.


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