Legal Question in Personal Injury in Texas

A few months ago we loaned our car to a friend. Today she had a wreck that totalled the car and the other driver has some injuries (not sure of extent yet) and her car was also probably totalled. The wreck was my friends fault and we just found out her license is invalid. We have liability (no comp) on our vehicle but im told it invalidates the policy bc her license is invalid. True? What are our possible liabilities toward the other driver?

Asked on 11/02/12, 10:27 pm

2 Answers from Attorneys

Paul H. Cannon Simmons and Fletcher, P.C.

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You need to get a complete copy of the policy ad read the exclusions. Insurance policies are not all he same anymore thanks to tort reform changes. Unless there is an exclusion for you loaning it to an unlicensed driver or an exclusion for that person, there should be coverage protecting you when you entrust the vehicle to another. I suggest you take a copy of your full policy to a lawyer if your insurance company is telling you there is no coverage. You may be liable to the other driver under a negligent entrustment theory so you need to get a specific legal advice regarding your policy language if the insurance company is refusing to cover and defend you.

Answered on 11/02/12, 11:32 pm

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