Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas

Q: Son got in a car accident 2 days after we bought the vehicle and is not insured

We recently purchased a used 2016 Ford Mustang for my son for his 18th birthday which is on January 3rd. Until then, I did not want him driving due to him not being insured. 2 Days later, I gave him permission to drive to run some errands and pay some bills for us since me and his mother are away at work. During this, he got in a car accident and was at fault. I was wondering if the permissive clause would allow the accident to be covered since I gave him permission to drive and the vehicle is registered under my name. Another question I have is since dealerships arent allowed to let drivers leave the lot uninsured, would our insurance have automatically covered our new vehicle purchase for a couple of days as a buffer period to fully get it insured?

1 Lawyer Answer

A: You should check your insurance policy to determine whether he was an excluded driver. It's possible that your insurance will still cover the accident, depending on the insurer. However, it's likely that there's an exclusion for allowing someone to drive the car who is not a licensed driver. Secondly, you should be concerned about a potential lawsuit against you for negligent entrustment, which is a cause of action in Texas. You should contact your insurer ASAP to notify them of this claim and explain the details.

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