It’s a scenario many don’t think about until it happens—your spouse borrows your car and gets into an accident. The immediate concerns are their safety and the damage to your vehicle, but another question arises: Am I responsible for the damages and injuries caused?
Texas liability laws can be complex, and it is crucial to understand your legal and financial obligations. At Patterson Law Group, our experienced Fort Worth car accident lawyers help you understand your legal rights and responsibilities.
Texas Law and Owner Liability
Texas follows an at-fault system, meaning the driver who causes an accident is responsible for the damages. But what if the person behind the wheel wasn’t you? Generally, the driver is liable for the accident, not necessarily the vehicle’s owner. However, exceptions exist where you, as the owner, could be held accountable.
When You Are Liable for Your Spouse’s Accident
Some of the things to consider when determining liability for your spouse’s car accident include the following:
1. The Family Purpose Doctrine Doesn’t Apply in Texas
Some states follow the family purpose doctrine, which holds the vehicle owner responsible if a family member causes an accident. Texas does not recognize this doctrine. Instead, liability depends on negligence, ownership, and insurance coverage.
2. Permissive Use and Your Insurance
Texas law assumes that insurance follows the car, not the driver. If your wife had permission to drive your vehicle, your insurance policy typically covers the damages. However, coverage depends on your policy limits.
If the accident caused significant injuries or property damage, your policy may not be enough, and you could be sued for additional compensation.
3. Negligent Entrustment
One significant way you could be held liable is through negligent entrustment (Texas Civil Practice & Remedies Code § 41.001). This applies if you knew or should have known that your spouse was a dangerous driver—perhaps due to a history of reckless driving, a suspended license, or intoxication.
If proven, you could be responsible for damages beyond your insurance coverage.
Insurance Coverage Considerations
Some insurance coverage considerations to remember include:
Primary and Secondary Insurance
Your auto insurance policy is the primary coverage if your wife has permission to drive your car. If she also has her own policy, it may serve as secondary coverage.
Texas law requires all drivers to carry at least:
- $30,000 for bodily injury per person
- $60,000 per accident
- $25,000 for property damage
These limits may not cover all costs, especially if the accident involves severe injuries. You may face personal liability if your spouse is found at fault and damages exceed coverage limits.
Marital Property and Joint Liability
Texas is a community property state, meaning assets and debts acquired during marriage are generally shared. If your spouse is sued for damages beyond insurance limits, joint marital assets—including bank accounts and property—could be at risk. A car wreck attorney in Fort Worth can help assess whether your assets are vulnerable in such cases.
What If Your Spouse Wasn’t at Fault?
If another driver caused the crash, your wife can file a claim against the at-fault driver’s insurance. Comparative fault laws apply (Texas Civil Practice & Remedies Code § 33.001), meaning your spouse can recover damages if she is less than 51% at fault. A Fort Worth car accident lawyer can help navigate the claims process and ensure fair compensation.
Steps to Take After a Spouse’s Car Accident
- Check for Injuries – Ensure your spouse receives medical attention if needed.
- Call the Police – A police report is critical for insurance and legal purposes.
- Gather Evidence – Photos, witness statements, and accident details can help in claims.
- Notify Your Insurance Company – Report the accident promptly but avoid admitting fault.
- Consult an Attorney – A car crash lawyer in Fort Worth can advise on liability, insurance disputes, and potential legal risks.
When to Contact an Auto Collision Law Firm in Texas
If your wife was involved in a serious crash, legal guidance is essential. Whether you’re dealing with insurance disputes, injury claims, or potential lawsuits, an experienced accident attorney in Fort Worth can help protect your rights.
At Patterson Law Group, we have helped countless Texans navigate the complexities of car accident liability. If you have questions about your liability, insurance coverage, or potential legal risks, contact us today for a free consultation.
