As a Dallas-Fort Worth personal injury attorney, I have handled a lot of different car, truck, and motorcycle accidents. Over the years I have learned that auto insurance adjusters will think of all kinds of excuses to avoid paying a fair and just compensation to innocent personal injury victims.
One instance this is when an insurance representative denies a claim because the at-fault driver was not named on the insurance policy. This article will focus on who is responsible when insurance companies deny liability and what you can do to get the compensation you deserve.
The Vehicle Owner’s Responsibility
In Texas, it is possible to recover compensation from the vehicle owner’s insurance policy even if the driver at the time of the wreck is not specifically named on the insurance policy.
If the insured owner gave the driver permission to drive their vehicle then they are automatically covered by the owner’s insurance policy. However, since bodily injury cases are so expensive, sometimes the insurance company will instruct their client to say that they did not give permission for the person driving to do so. In these situations, you should consult with a Fort Worth injury lawyer who can help you move your case forward using their expertise and evidence.
Consent of the Vehicle Owner
Many times, when the owner denies giving permission for the other person to drive their car, we find out that they were actually riding in the passenger seat at the time of the accident! This suggests, of course, that they did indeed give permission.
Even if express permission was not given by the owner for the driver to use their vehicle on the particular occasion in question, it might still be possible to recover compensation against the owner’s insurance policy of that driver has a history of borrowing their vehicle and that the owner routinely allows or does not object to them driving it.
Pursue the Driver’s Insurance Company
Of course, the other option if the owner’s insurance provider is denying liability is to make a claim against the driver’s own policy. If they have auto insurance (which they should under Texas law) then you can make a claim against their insurance instead of the vehicle owner’s insurance. In certain situations, it may actually be necessary to make a claim against both the owner’s and the driver’s separate insurance policies. This is common in cases where the value of damages exceeds the liability limits of just one insurance policy.
Contact the Anderson Law Firm
If you or a loved one has experienced an insurance company denying liability because the negligent driver was not named on the insurance policy, it is important to seek help from a board certified traffic wreck attorney who will make sure that your legal rights are protected and that you or your loved ones get the deserved full and fair compensation.
For more information, please feel free to contact the board certified personal injury lawyers at the Anderson Law Firm for a free, no-obligation consultation on your case.