Arlington, TX asked in Car Accidents and Personal Injury for Texas

Q: what will our insurance cover if our son who lives with us but not on our insurance policy crashes car & is injured?

Son had medical emergency while driving, passed out and hit curb, severely damaged the car and fractured spine due to not wearing a seat belt

2 Lawyer Answers

A: A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your son's accident. I believe Texas is not a no-fault state (which would have made matters simple - no-fault states provide coverage regardless of fault). However, some states have minimum mandatory PIP (personal injury protection) coverage - which Texas MIGHT have. I do not know the law in Texas. However, those same states also offer policyholders options to decline such coverage. Again, this is something that a Texas attorney should advise on. Check with your insurance carrier if such coverage exists on your plan. If not, look into other options, such as family private health insurance, public health insurance, or other. Social workers at the hospital might be able to offer guidance on what options are available. I hope you are able to arrange care, and that your son has healthy recovery from his injuries. Good luck

A: Typically, automobile insurance companies require every licensed driver in a household to be included or specifically excluded from the policy.

If your son was an excluded driver, then it is likely your automobile policy will cover nothing.

If your insurance company requires every licensed driver to be included or specifically excluded but you failed to disclose in your application that your son was a licensed driver who lives with you, the insurance company is likely to void your policy for your fraud.

If your insurance company does not require every licensed driver to be included or specifically excluded, any PIP (personal injury protection) coverage under your policy will apply to him as a permissive user of your vehicle and can help pay part of his medical expenses. Your collision coverage also probably covers the damage to your motor vehicle subject to your deductible. This is your best case scenario.

If your son was not a licensed driver, any PIP (personal injury protection) coverage under your policy will not apply to him but your collision coverage probably covers the damage to your motor vehicle subject to your deductible. Your insurance company will be subrogated to your cause of action against your son for the damage to your vehicle and could sue him to recoup that amount.

Raymond Chow agrees with this answer

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