If you are reading this, then you were probably involved in a car accident with an excluded driver. You are wondering what to do next. The first thing you should do is contact an experienced Dallas area car accident attorney for a free consultation and go over all your options.
What is an “Excluded Driver?”
When a person gets insurance on their car, many times it is too expensive because someone in the household either has a bad driving record or is too young. Likewise, the only option is to exclude that person from the policy. That means if that person is operating the vehicle and is listed as an excluded driver, then the insurance company will not cover any claim if that person gets into a car accident.
Unfortunately, many people still let excluded drivers operate their car. It can be very frustrating if you have an accident with an excluded driver. After you wait for the insurance company to investigate the claim, you then get the bad news. Your claim gets denied because the other driver is excluded from the policy.
What options do I have?
You have a damaged car, medical bills, and may still be under the care of a doctor. What do you do now?
If you had uninsured motorist (UM) coverage on your policy, then use it. That would be the best option to get the compensation you deserve for your injuries and car damages. You can also get you car fixed or paid for.
If you did not have UM coverage, then your options are quite limited. You can sue the other driver, and maybe even sue the owner of the car. But it is highly unlikely that you are going to get any compensation.
That is why it is very important to carry UM coverage. You cannot always rely on other people to carry proper auto insurance.
If an exclude driver gets in an accident and it’s the other drivers fault does the other drivers insurance pay?
If the other driver is excluded under the policy, then the policy is ineffective and will not provide coverage when that driver is operating the vehicle. Likewise, the other driver is considered uninsured. If you had uninsured motorist coverage on your own policy, you should pursue your claim there.
hey, i am an uninsured driver on my friends policy. i have a policy of my own with allstate. the vehicle involved in the accient was my friends car in which i am an uninsured driver. what are my options? Will my insurance pay?
You should be covered under your Allstate policy. But it all depends on what your policy says about driving other vehicles. I would report the car accident to Allstate and see what happens from there.
Girlfriend crashed into a company vehicle at a gas station at a low speed, and is an excluded driver on my policy. What are my options? My claim has already been denied by my insurance company.
Was the vehicle in her name or yours? If it was in her name, then you are out of the picture. If the vehicle was in your name, then the other insurance company might seek collections for the damages from her and you.
Hey, I am an excluded driver on my parents insurance policy and I rear ended a guy. Can the guy sue me/my parents?
Yes, he can sue you. He can also sue your parents under the theory of “negligent entrustment.” And since you are an excluded driver, then the insurance company will not provide you with coverage nor a legal defense for either you or your parents. I’m sorry but I wish I had better news for you.
I was involved in a car accident in October 2018. Unfortunately, i was an excluded driver and I rearended somebody’s truck. My car was under my name, which got totaled. Now is January and I received a citation which means im being sued, i am a student, work very minimal, get paid around 500-700 a month.
They are also suing my Dad because they think the vehicle was under his name which is not. He is an insured driver but was not present at the time of the accident?
What should i do? Please help me. Thank you.
On January 8th I was hit by another vehicle making an illegal turn we’ve been going to therapy we’ve already had MRIs done but now I got a call from the attorney saying that the driver was excluded from the insurance policy so there’s nothing more they can do what is my next step what can I do the vehicle I was in was a loaner vehicle from the mechanic shop because my vehicle was being repaired so now they want me to pay for the damages to the vehicle that was hit
Did you have uninsured motorist coverage? If so, give me a call and we can talk about your next step.
If an excluded driver gets into a car accident and it’s the other person’s fault can they still sue the other person although they are excluded from the policy of the car he/she was driving?
Yes, but it will not look good in court. Either way, it should not make a difference. Under Texas law, it’s the drivers that are legally responsible for the damages they cause in a car accident, not the insurance company.
I was driving my wife’s car when we were rear ended by another vehicle. Unfortunately, I was listed as an excluded driver on her policy. The third party had minimal liability insurance, and I did not have uninsured motorist coverage on my policy. She is facing a pretty hefty surgical bill that the third party insurance cannot cover. My wife’s insurance company denied the claim because I was driving as an excluded driver. My question is…as the passenger in her own vehicle, and since a third party was at fault, should her uninsured motorist coverage apply to help with her injuries. Neither of us had personal injury protection on our policies
Thanks for your time
That’s an interesting question. I would have to read the terms of the policy that covered your wife’s vehicle.
A driver rear ended me resulting in damage to the frame of my truck. The police report is documented with the bullet vehicle’s driver stating that he “misjudged” the distance, striking the rear of my vehicle. Although the vehicle had insurance, I learned that he is not on the policy as a driver and my claim may be denied (still under investigation). Is this true? He was not listed as an “excluded” driver, however, was not on the policy as this was his girlfriend’s vehicle. Do I have any recourse with his insurance company?
I was hit by an excluded driver driving his girlfriends car. The police report states he was at fault since hes excluded from his girlfriends insurance how can i get compensation for my damages . I need help
Hey quick question. I was involved in an accident in my girlfriends car.. was not aware I was an excluded driver.. Under the excluded driver section my name is spelled wrong and my birthday is incorrect. I believe she had full coverage is their anyway to fight this?
Hi Andre, Please contact me directly through our form. https://www.rcslawfirm.com/free-consultation/
My boyfriend got in an accident where the other driver is at fault and is an excluded driver. My boyfriend did not have any injuries but the other person did. We did not have uninsured motorist coverage. Our car was totaled and that was our only transportation to and from work. Also we have a police report saying that the other driver is at fault. What should we do next?
As for your vehicle, did you have collision and/or rental coverage? If so, then make the claim on your insurance accordingly. If not, then your only option would be to file a lawsuit against the other driver. If the other driver gets an attorney or otherwise tries to pursue his injury claim, then you need to notify your insurance company so that they can provide a legal defense against that claim.
I am a student at UC Santa Barbara and I rarely come home so my parents decided not to include me on their insurance unless i’m home for a longer period. Two weeks ago while i’m home foe the spring break, I borrowed my parents car who is under a lease contract with Mazda as i need to ran errand to the house unfortunately on my way to the house I hit the car in front of me and the insurance doesn’t want to pay the damage of my parent vehicle. What do i need to do or my parents need to do? Am i considered as an exclude driver even though i’m not part of the household since i live 6 hours away from my parents? Also, do my parents need to continue to pay the lease even if the vehicle has been reported to Mazda and is no longer operational? Please advise.
Any advise is greatly appreciated.
My car was hit while parked and unoccupied in a doctors office parking lot. The campus security witnessed the accident and stopped and got the girls information. I filed a claim and the insurance company denied the claim because she was listed as an excluded driver. The truck was her fathers and the adjuster told me the father admitted his daughter hit my vehicle. I do not have his information such as address or phone number to see if they will cover my damages only his license plate number and daughters name. What do I do now? And who can i sue? Also does it make a difference if we have the same insurance company? I do have um and full coverage insurance as I am still paying a car note but do not want to file a claim on my on policy because of the high deductible.
If you do not want to pay your deductible, then you have no choice but to sue the other driver in small clams court. But, just understand that their insurance company will probably hire an attorney to defend the suit.
our ex son in law is a excluded driver on our insurance policy he was found guilty of stealing our car does our insurance have to pay for the damage on our car he totaled the car
Hi Robert. Please fill out our FREE CONSULTATION form so I can reach out directly. https://www.rcslawfirm.com/free-consultation/
i was recently in a wreck i am an excluded driver in parents policy but i was not at fault will the at faults insurance still cover damages?