Auto Insurance Claims: driver with suspended license, Negligent Entrustment, Implied Permission

Question
hello, i live in texas. i have a car in which my mother and i are the registered owners. the vehicle has liability insurance only. well, the car was parked at my mother's house since i was not using it at the time, since i have another vehicle. my brother took the car and began using it while his car was broke down( he has a suspended license). well he let his girlfriend who i do not know that well use the car (also suspended license) use the car and she hit another party causing damage and totaling my car belonging to my mother and i as we are the title holders. made a claim to the other party insurance and said they are denying the claim due to the fact the "girlfriend" has a suspended license. there was also mention of the girlfriend had been drinking, but was not legally drunk that's why she did not go to jail. the thing is i nor my mom gave the girlfriend permission to drive the car(as we do not know her that well) my brother who is not the owner gave her the keys to drive the car...and now she has hired an attorney to get paid for injuries???? but they wont cover my car?? is the illegal driver(the girlfriend) going to get paid for her injuries, but they refuse to pay to fix my car?? help

Answer
Lisa,

    Your question is more complex than you may realize.  There are several factors to consider on this claim, and frankly, I got a little lost as to who is filing what against whom.  

    If your brother had "unfettered domination" over the use of the vehicle, then by your allowing that, he could legally be allowed to give permission to someone else to drive.

    On the other hand, it could be argued that the situation was temporary, that he did not have "unfettered domination" over the use of the vehicle and did not have the right to give permission to the driver / girlfriend.  

    Either way, it seems to me the girlfriend is liable to everybody, and that you and your mother could be held liable for "negligent entrustment" for allowing your unlicensed brother to use the vehicle.

    I'm sorry to say, but if I were handling the claim or making judgment on the case, then you and your mother, your brother, and the driver would all be pursued as jointly and severally liable for the damages to other property, and your vehicle and her injuries would not be paid out of your policy because you can't be liable to yourself.  If she was injured due to some other parties negligence or if your policy has Med Pay or PIP then possibly she could get paid because those coverages are "no fault" coverages and will pay no matter what (unless coverage is denied due to "non-permissive" driver).  

     I hope you see how complicated this could be for you.  If you want more information, look us up on the web and we'll discuss your case with you for free.  Information is always free at Petty Details, LLC!

    I hope this helps!