Hit by a Borrowed Car in Texas? Here's Who Pays
When the driver who hit you was in someone else’s car, the first question is whose insurance pays. I explain how Texas handles these claims, where coverage gaps show up, and when the car owner can be held responsible too.
By Roger Rocky Walton · Oct 26, 2026 · 6 min read

Getting hit by someone driving a borrowed car can turn a simple claim into a confusing one. Maybe it was a friend's pickup, a parent's SUV, or a roommate's sedan.
The first thing you need to know is whose insurance pays. Texas has a clear starting point for that answer.
There are also a few gaps that can slow a claim down if you don't see them coming.
First Policy in Line
The Car Owner's Insurance Usually Pays First in Texas
When a driver causes a car wreck in a borrowed car, the claim goes to the car owner's insurance company first. Most Texas auto policies cover the owner, the owner's family, and anyone driving with the owner's permission.
So your claim usually starts with the owner's liability carrier, even if the owner was nowhere near the crash. The driver's own policy, if they have one, comes into play later.
You also won't pay a deductible when you file against another driver's insurance company in Texas.
Texas Borrowed Car Claims
Who Pays, in Order
The owner's liability policy
Pays first when the driver had permission to use the car.
The driver's own auto policy
Can step in when the owner's coverage isn't enough.
Your own UM/UIM coverage
Can help cover what's left when the other side's insurance falls short.
PIP works differently. It can pay your medical bills and lost wages right away, no matter who caused the wreck.
When the Limits Run Out
What Happens When the Owner's Policy Isn't Enough
Texas only requires drivers to carry a small amount of liability coverage. These are the state minimums:
Texas regulators warn that these minimums may be too low when a driver causes a multi-vehicle crash. That's why it matters to find every policy that could apply.
When the owner's coverage runs out, the driver's own auto policy can step in. In Texas, a driver's insurance pays when they cause a wreck in a borrowed car and the owner doesn't have enough coverage. So one claim may have two policies behind it.
If both policies still fall short, your own coverage may help close the gap.
Uninsured/underinsured motorist (UM/UIM) coverage pays when the at-fault driver had no insurance or not enough. It also covers hit-and-run crashes. We handle uninsured motorist claims for Texas drivers, too.
Personal Injury Protection (PIP) comes with every Texas auto policy unless you turned it down in writing. It covers medical bills and up to 80% of lost wages, up to your policy's PIP limit, no matter who caused the wreck.
Policy Fine Print
Excluded and Unlisted Drivers Can Leave a Coverage Gap
Not every Texas policy covers every driver. Some policies name specific people who are excluded from coverage. Some insurers also require every driving-age member of the household to be listed.
Texas also allows "named driver" policies. These don't cover people who live in the policyholder's home unless they're named on the policy. Texas law requires insurers to explain this to buyers, both out loud and in writing, before the sale.
This is where a borrowed car claim can stall. If the driver lives with the owner but isn't listed, or was excluded by name, the owner's insurer may deny the claim.
Before you accept a denial like that, have a car accident lawyer read the actual policy language. The wording decides it.
If you carry collision coverage, you can also file with your own insurance company when the at-fault side's insurer won't pay. You'll owe your deductible, but it can get your car fixed while the coverage fight plays out.
Negligent Entrustment
When the Car Owner Can Be Held Responsible Too
Lending a car can make the owner personally responsible under a Texas legal claim called negligent entrustment. Under Texas Supreme Court case law, an injured person has to show five things:
- The owner let the driver use the vehicle.
- The driver was unlicensed, incompetent, or reckless.
- The owner knew or should have known it.
- The driver was negligent at the time of the crash.
- That negligence caused the car wreck.
Picture an owner who hands the keys to someone with a suspended license or a history of reckless driving. Texas courts also ask whether the owner could reasonably have seen an injury coming.
This claim is separate from the insurance claim. That can matter when the policy limits are low.

Proving what the owner knew takes records. From day one, my team pulls a certified copy of the crash report.
We interview witnesses when fault is in question. We also order the driving and criminal records of every driver involved in the car wreck.
Protecting Your Claim
What to Do After a Wreck With a Borrowed Car
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Get both namesWrite down the driver's name and the name on the insurance card. In a borrowed car case, they're different people.
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Call the policeTexas requires a report when anyone is hurt. Police can also help if the other driver won't share their insurance information.
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See a doctorSome injuries show up later, so keep every follow-up appointment.
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Be careful with adjustersDon't give a statement to the other driver's insurance company before talking with a lawyer, and keep the crash off social media.
Important
You Have Two Years to File in Texas
Texas gives you two years from the date of the crash to file a lawsuit. Don't wait to talk with a lawyer.
Not sure where your deadline stands? Call (817) 429-4299.
Board-Certified Since 1994
How I Help Texas Drivers After a Borrowed Car Crash

A borrowed car case can involve two insurance companies, an exclusion fight, and a claim against the owner. Each piece needs an experienced Texas trial lawyer.
Greg Jackson and I are both board-certified in Personal Injury Trial Law. Fewer than 2% of Texas attorneys hold that certification.
Our firm has helped accident victims since 1987. About 80% of our lawsuits come from other Texas lawyers who refer them to us.
I also issue letters of protection, so you can get treatment for catastrophic injuries now and pay once your case settles.
If someone driving a borrowed car hurt you, talk with a car accident lawyer in Arlington, TX who knows how Texas insurance rules work.
Hurt by a Driver in a Borrowed Car?
Let's figure out who should pay. You'll have no out-of-pocket costs until compensation is collected.
Or call (817) 429-4299 to reach our Arlington or Fort Worth office.