Austin, TX asked in Car Accidents for Texas

Q: Lady lets man w/o license nor insurance but with criminal past drive her car. 2-car wreck results. Whom do victims sue?

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3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for three weeks. As a general matter nationwide, the victims would probably go after the woman (as the registrant of the vehicle) and the driver. The fact that he doesn't have insurance is irrelevant. Insurance follows the car, not the person. Another issue here is how the insurance carrier will treat insurance coverage for the accident in light of the circumstances - that's anyone's guess. Some are stricter than others in terms of permissible operators on a policy, and they could declare it to be a policy violation. Good luck

Tim Akpinar

Todd Kelly
Todd Kelly
Answered
  • Austin, TX
  • Licensed in Texas

A: There is likely a claim against both the driver and the owner of the car, if she knew he was not licensed at the time she let him drive. Please feel free to contact my office at 512-823-2237. You can speak with me (if I am available), or any one of my staff.

Doug Goyen agrees with this answer

Doug Goyen
Doug Goyen
PREMIUM
Answered
  • Personal Injury Lawyer
  • Addison, TX
  • Licensed in Texas

A: I agree with Todd Kelly. There is a possible case against the woman who let the unlicensed driver have access to her car - if she knew he was unlicensed under a theory of Negligent Entrustment.

Contact a lawyer to discuss your case. Even if the other driver has no insurance, there may be other insurance options. A personal injury lawyer that handles auto accidents should be able to discuss your case with you and help you determine if there is a way to pursue your case.

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