In car accident law, it is important to understand the permissive use of a motor vehicle, also known as authorized carry. If an individual took a car from the owner without permission (unauthorized carry), the owner’s insurance company most likely will not provide coverage for an accident. Distinguishing between the two is critical for the insurance process. Make sure to contact an experienced car accident lawyer in San Antonio.
What Is Texas’s Unauthorized Use Law?
Texas Penal Code § 31.07 criminalizes the unauthorized use of a vehicle. Under this law, it is a felony offense to intentionally or knowingly operate another person’s motor vehicle (or boat or plane) without the effective consent of the owner. Unauthorized use is different from auto theft in Texas, as the offender intends to bring the vehicle back rather than permanently deprive the owner of it.
Even if the person who took the car planned to give it back to the owner, it is still a criminal offense to borrow the car without permission or authorized use. An individual needs explicit consent before taking someone else’s car in Texas. Unauthorized use also describes using the vehicle beyond the limitations specified by the owner or after the consent was revoked.
“Effective consent” means the owner of the vehicle or someone else with authority – such as an employer – freely and knowingly gave their consent to another person to take or operate the vehicle. Consent obtained through fraud, misrepresentation, intimidation or blackmail is not effective consent.
Authorized vs. Unauthorized Carry: Insurance Concerns
Authorized vs. unauthorized carry is a key distinction to make during a car accident claim, as one is covered by insurance but the other is not. If someone takes a vehicle without permission, the owner’s insurance company will typically deny coverage for a crash caused by the unauthorized user. A policyholder must give his or her permission to someone to drive the car for the policy to apply.
In a case of unauthorized carry, the individual who took the car without permission may be held personally liable for a car accident he or she causes. Even if the person was an employee who was on duty at the time of the accident, if their employer did not give permission to take the vehicle, the employer is generally protected from liability.
How Unauthorized Carry Could Affect Your Car Accident Claim
If an investigation of your car accident in Texas discovers that the other driver involved had taken the car without the true owner’s permission, you may find it more difficult to recover fair compensation for your injuries and losses.
Unauthorized carry can remove the vehicle owner’s insurance company as a coverage possibility. Instead, you will need to bring a claim against the individual who was driving. Unfortunately, this person may not have an auto insurance policy you can use to cover your medical bills and property damage.
Contact your own insurance provider to file an uninsured or underinsured motorist claim for coverage in this situation. Another option may be filing a lawsuit against a third party for contributing to the crash, such as the manufacturer of a defective car part or the government for a dangerous road condition.
Get Help From a Car Accident Attorney in San Antonio
If you get injured in an accident with a driver who was operating an unlawfully borrowed car in San Antonio, immediately contact an attorney for assistance with your claim. It is likely that an insurance company will try to deny coverage based on the argument of unauthorized carry. A personal injury attorney in San Antonio can help you combat this defense to maximize your financial recovery as much as possible.