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Q

In the state of Texas does insurance follow the Car, or the Driver?


A

In general insurance follows a car first and driver second. This means in an accident that the car owner's insurance is primary with the driver's insurance being secondary or excess and thus is used if the car's insurance limits are exceeded.

In Texas the TX Department of Insurance of Insurance (TDI) notes that in most cases, the vehicle owner's insurance pays for losses, regardless of who was driving.

TDI gives as examples that if you are in wreck while driving a friend's car, your friend's policy will usually pay. If you have an auto policy, your insurance would pay any remaining amount that exceeds your friend's policy limits. If your friend does not have insurance and you are involved in an accident while driving his or her car, your policy may pay.

Likewise the TDI notes, if a friend has an accident while driving your car, your policy will pay first, and your friend's policy will pay any remaining amount that exceeds your policy limits. If you do not have insurance and your friend is involved in an accident while driving your car, your friend's policy may pay.

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It is inadvisable though to drive a car that does not have primary insurance on it since some insurance carriers would not pay if the owner of the car did not have an insurance policy on the vehicle.

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