Does Truck or Car Insurance “Follow” the Car or the Driver?

Car Insurance Follows Car or Driver | McKay Law

Table of Contents

Submit Your Case

Imagine you’ve just been injured in a car accident. The at-fault driver informs you that he does not have car insurance personally, but the owner of the car (which he borrowed) does. Under Texas law, will your injuries be covered by an insurance policy?

Whether the above scenario describes your car accident or if even the exact opposite is true (the driver’s insured but the car isn’t) the bottom line is that there is not a question our accident attorneys field more frequently than questions regarding whose coverage applies. The good news is a skilled lawyer will know how to get you compensated under either situation because Texas courts have determined that either insurance policy can be made to cover your losses.

In this article, McKay Law Texas car accident attorneys will explain how this concept works.

Questions Answered:

  • If someone else was driving my car when the accident happened, is damage to my car and the other vehicle covered?
  • Does car insurance cover the car or the driver?
  • What are examples when the car insurance will not apply?

If there’s a car insurance policy, we can probably ensure we get paid.

In a perfect world, when you’re involved in a car accident, the owner of the car is the driver and the insurance on the car is also the policy that covers the owner. In reality, however, people within the same household often share cars, companies lend their cars to employees, friends lend their cars to one another, and people drive rental cars, etc. This creates scenarios where the car may be covered but not the individual or the individual is covered on their own policy but the car is not.

If there is an insurance policy anywhere in the mix, insurance will normally cover it, but only if you know the right legal arguments to make or have an attorney who does. To illustrate this, let’s cover a couple of scenarios.

  • Victor rents a car from National car rental. Victor has no car insurance and he refuses to buy the supplementary policy that the rental company sells. If he causes a car accident and hurts somebody, there is an insurance policy that covers it; it’s the rental company’s insurance policy. Just because Victor didn’t purchase the extra coverage, and doesn’t have his own policy, it doesn’t mean there’s no insurance at all.
  • Prentiss is married to Joyce. They share the same household, etc. Prentiss has had a bunch of speeding tickets and is uninsurable, while Joyce has a good driving record. They own two cars, and both Prentiss and Joyce are on the title for both vehicles. Joyce has an insurance policy covering herself in both vehicles, but in order to avoid letting the insurance carrier learn about Prentiss and his driving record, Joyce never mentions that Prentiss will be driving the car, so the insurance company does not know that Prentiss exists. If Prentiss then drives one of the cars and causes an accident, it is not an uninsured wreck even though Prentiss is not insured. Since someone in his household has a policy that covers the car, we’ll be able to make that policy “stick.”
  • Olivia is driving a friend’s car. The friend has no car insurance on the vehicle. On Olivia’s vehicle, she has car insurance. Even if she causes an accident that injures someone with her friend’s uninsured vehicle, it is insured, for all intents and purposes, because Olivia is insured.

If there’s some insurance there, we can probably get paid.

Why do people think this is an issue?

Insurance companies will lie to you about the ins and outs of accident law, so if there is a policy that covers the car, yet it’s not readily apparent that it covers the car (like the scenarios outlined above), the insurance carrier isn’t going to tell you. If you don’t know how to make a less-than-obvious policy apply to the accident, they will simply not tell you. Uninformed people consistently allow insurance companies to pull the wool over their eyes surrounding insurance law.

This practice by insurance companies has become part of the common understanding, despite being incorrect. Just the same way that people say, “Pedestrians always have the right of way,” or “The car that hit you from behind is always at fault,” and neither of those statements is actually always true. This is an example of the public’s misconception of how the law in accidents really works.

Are there situations where there is no insurance coverage?

If no one related to the accident has any insurance coverage at all. Let’s say Sam owns a Hyundai Santa Fe, and has no car insurance, and the Santa Fe is not covered by anyone else’s insurance policy. Sam gets struck by another vehicle. The owner of the vehicle is driving and has no insurance covering himself or his vehicle, and neither does anyone else in his household. In this instance, Sam wouldn’t have an insurance policy to make a claim.

In the unlikely event the person driving the car is specifically excluded from the policy, or an insurance carrier states that they will not cover a specific individual based on their driving record. Or you, as the policy owner, call and request a person specifically not be included in your insurance policy then that person is not covered.

Is there a better way to answer this question?

Short answer, forget all of the “does the insurance follow X or Y?” conjecture; this is simple insurance law. It’s really not complex to lawyers who understand the issues. The answer to the question of whether the policy follows the car or the driver, the answer is, it follows both.

A better way to think of this topic is not so much in terms of which insurance policy applies but more in terms of order of operation. Which insurance policy is the first line of defense? Which would be used next? If someone lets a friend borrow their car, both have policies and the victim has UIM coverage. If someone gets hurt badly enough, it’s possible that they could get money from all three policies. It’s complex, there’s a correct order in which the claims should be filed and settled, but it’s doable.

Give McKay Law a Call Today

Mckay Law is eager to boldly fight and protect anyone who may be the victim of a car or truck accident!

Situations like yours can be complicated; if you have been in an accident you need the advice and representation of a highly skilled personal injury attorney. Whatever caused your collision, our attorneys will make an aggressive effort to come out with the facts. Once we determine why your injuries occurred, we can go after those responsible.

Whether it was a rear-end collision on an interstate highway, a semi-truck collision on a state highway, or a head-on hit-and-run on a local street, we can bring the law, the evidence, and the financial pain to those who caused your injuries.

The attorneys at have been practicing personal injury law for more than 25 years. We are eager to boldly fight for you and assist you through this difficult time, call us today or submit a free case review with McKay Law personal injury lawyer and truck accident attorney.

Submit Your Case

About McKay Law

Play Video about About McKay Law | Video Cover
Caleb Moore
Caleb Moore
Read More
This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
Amy Patterson
Amy Patterson
Read More
McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
Alexandra Serrano
Alexandra Serrano
Read More
She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻
Carmen Montoya
Carmen Montoya
Read More
Lindsey and her team were very professional! I am so thankful to have had them work on my case.
Jenny Wakeland
Jenny Wakeland
Read More
Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
Cobbie Johnson
Cobbie Johnson
Read More
Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

Lindsey McKay | Sulphur Springs Texas Personal Injury Lawyer | McKay Law – Legally Bold
McKay Law | Legally Bold | Personal Injury Lawyer

Passion For Justice – Compassion For Clients

Compassion. Confidence. Commitment.

20 +

20+ years of combined experience with of counsel addition.

Reasons to Hire
McKay Law

Play Video about McKay Law | 2022 Sulphur Springs Personal Injury Lawyer
VIP / White Glove Service | Reasons to Hire McKay Law

VIP / White Glove Service

We are Available 24/7 - We take care of our client’s needs – whatever they may be – and advise and instruct from beginning to end.

We Care | Reasons to Hire McKay Law

We Care

We hope to change your life and your situation and turn something tragic into something better. No issue is too tiny for us to consider or too big for us to tackle.

We Listen to Learn Your Story | Reasons to Hire McKay Law

We Listen to Learn Your Story

Injuries, pain, the stress of life, the case, finances – We want to know you and be the voice to tell your story for the best results.

Any Legal Issue | Reasons to Hire McKay Law

Any Legal Issue

We are legally bold to help you. If we can’t address, we know the best.

Fight For Best Results | Icon McKay Law

Fight For Best Results

We ensure we fight for the best results possible for your case.

No Fee Unless We Win | Reasons to Hire McKay Law

No Fee

Unless we win and also NO FEE for handling property damage.

Over 40 Years of Service | Reasons to Hire McKay Law

20+ Years of Combined Experience

We have a long line of success and a team that has worked together for decades and has perfected and streamlined the process; making something stressful and painful as seamless and easy as possible.

Dedicated Nurse to Guide You | McKay Law

Dedicated Nurse to Guide Medical Treatment

McKay Law has an in-house specialist guiding our personal injury clients on medical treatment. Read more about our Texas Nursing Board Certified Nurse and How We Assist.

McKay Law Client Reviews on Google

McKay Law's


Free Consultation with Texas Personal Injury Lawyer

No Fees Unless We Win. We Listen To Our Clients.

Play Video about Free Consultation with Texas Personal Injury Lawyer | McKay Law

Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

Free Consultation 24/7

You may be owed money. 

Call our Personal Injury Lawyer now: (903) 465-8733 or use the form below. You can also calculate your total damages for settlements.