who pays for my injury and vehicle when the driver borrowed the car and didnt have license

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who pays for my injury and vehicle when the driver borrowed the car and didnt have license

I was hit from the rear by a driver who the car was loaned to, and she had no
license-who pays for my car and injuries?

Asked on April 27, 2017 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The registered owner of the vehicle is liable; however, that party's insurance carrier will most likely deny your claim because the unlicensed driver was not on the owner's insurance policy and therefore, the insurance company will claim that the vehicle was driven by an unauthorized driver.
Therefore, if you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance carrier for your property damage (cost of repairs to your vehicle) and your separate personal injury claim.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have the applicable insurance, the fastest, easiest, most-guaranteed way to get compensation is to file a claim--that's what you have (and pay for) insurance for, after all.
If you don't have the relevant insurance and/or you insurance is leaving you with uncompensated costs, sue the driver and the car's owner:
1) The driver is liable for being at fault. That he presumably did not have insurance (no license) doesn't mean that he's not liable: it just means that he does not have insurance to pay for him, but will instead have to pay out of pocket.
2) The owner of a car IS liable when people he allows to borrow his car are at-fault in an accident--particularly so when the owner was so neglient or careless as to allow an unlicensed driver to take the car.
You sue both to maximize the odds of recovering money from somebody.


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