Legal Question in Insurance Law in Texas
If i am driving someones car with permission and had an accidental roll over and they have insurance am i liable for the bodily injuries of the passengers or is the insurance company
2 Answers from Attorneys
It depends on the policies and whether or not you were an "excluded driver." If you have your own insurance, or someone in your household has insurance, you should check with that insurance company and let them know what happened. As a driver, you may have responsibility.
In Texas, all liability claims must be made against the individual, not the insurance company. However, the insurance company defends the individual by providing an attorney and then pays any judgment, up to the policy limits. The policy on the vehicle is "primary" (must be used first) and the policy on the driver is "secondary" (is utilized only if the primary policy gets exhausted).
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