What recourse do I have when I was hit by an "excluded driver" under parent's car insurance policy?

Question

Accident was definitely her fault and she was sited by police. Car was registered and insured under her stepfather's name but though she lived with them, they specifically listed her as an "excluded driver."

Answer 1

If the driver was excluded on the policy, the insurance on that car will NOT pay for your damages. That's what excluding a driver on a policy means. (FYI, it also means they won't pay for their car damages, either, even if they have collision.... if that's any consolation.)

If you have collision coverage on your vehicle, use it. This is what you pay your carrier for. While it stinks to be out your deductible, your carrier will pursue the claim from there and attempt recovery against the at-fault party.

If you do not have collision, I'm afraid you're on your own - your company can't pursue someone for you unless they have a financial interest. I don't recommend a lawyer for this sort of thing because it'll just cost you more money out of pocket and it could be like getting blood from a stone. And really, while it's a bit of pain, you CAN do all of this yourself. KEEP NOTES, DATES, and COPIES OF ALL LETTERS/DOCUMENTS.

First, notify the police that the driver of the other vehicle was excluded and therefore uninsured at the time of the accident, and try to get that fact added to the police report. See if there's any additional citations they might give her. Give them copies of any letters you've gotten from the insurance company. See if the reporting officer would be willing to come to court as your witness if he/she is cool. Get a copy of the updated police report for your files.

Next, get your company to do you an estimate of your car's damages as a courtesy - which most will do even if you don't have coverage - or get a few estimates from shops in town. TAKE PICTURES AND GET DUPLICATES.

Next, look in the 'blue' government pages of your phone book and file a complaint with your local magistrate or district justice for recovery against the owner AND the driver AND "the parents of..." driver jane doe if she's a minor. The clerks who answer the phone are really, really helpful and can walk you through the process. Make sure you are clear, concise, and have all pics/letters/documents before you try to file. They will get your paperwork, send everything to the other parties, and get you a court date. I don't know where you live, but filing fees can run anywhere from $40-100.

When you have to put down how much you're suing for, make sure you include repair costs, filing costs, AND reasonable transportation costs for repair time. (Repair hours on estimate divided by 5 hrs = days to repair x $25/day fair rental/loss of use rate is a good formula.)

While you'll likely not have any luck with the owners due to the exclusion you want to make sure all parties are named, served, and they all get the joy of going through this. They may even offer to settle just to make you go away (not likely, but hey, you never know.) Be aware the insurance company for the owners are legally obligated to defend them due to the exclusion and subsequent denial, but don't let that bother or intimidate you. They'll likely get dismissed or removed from the action but at least you'll have been thorough.

Then, you'll have your day in court. Make sure you're the calm and prepared one. Have everything you think you might need and then everything you think you don't. Whatever you do, don't blow off a court date or you'll have just wasted all of your time and money.

All that being said ... I hope you have collision coverage! If not....Good luck!

Answer 2

Ummmm.... Gotta get your facts straight. IF you live in your parents home and you are a minor of driving age.......you MUST be either added or EXCLUDED from your parents policy. ALL insurance companies will require this of any of-age minor drivers in the home. (Contrary to what is listed above about permissive drivers - if you live in the home, are a blood relative and use the vehicle on a regular basis......you will not meet the definition of a "covered driver") IF you are of college age and your primary residence is your parents home (if you stay on campus but go home to your parents house - that is the same) - You need to be added or excluded as well. IF you DO NOT live with your parents - you need to have your own insurance. If you do not live at home but use your parents car(s) on a SELDOM basis with their permission - you would be covered. (This could pose a coverage problem if you used the vehicle on a regular basis and were not on the policy) If you got your own insurance....you are typically covered on any vehicle you drive with permission (unless you drive commerically - like pizza delivery. There are some other exceptions as well) I think that answers your question. You know - it REALLY concerns me when people give answers about stuff like this when they don't know what they are talking about. Being funny is one thing but being biased and uninformed is another. Anyway, that's my soap box and I'll get off now. Sorry to rant on your post. Goodluck! ~jifr!

Answer 3

If she was an "excluded driver" then the insurance company will deny coverage as she wasn't allowed to drive.
If she had her own insurance, then that insurance company will take responsibility. If there was other insurance in the household that she was not "excluded" from, then that insurance may cover the loss as well.
If you could prove she used the vehicle routinely, despite her "excluded" status, then the insurance company may cover the loss under permissive use, despite the exclusion. It would be easy to claim she uses the car if they have the same number of cars as people (people don't generally keep two insured cars for themselves and not allow their family to drive them). If you are in New York, excluded driver provisions are routinely thrown out by the court under the vicarious liability laws.

You may also have coverage under your own policy to cover Uninsured Motorist claims for damages or injuries.

Finally, as the last option, you can still sue her and her father directly for the damages to your car.

Answer 4

You could do what either of the other 2 said. It wouldn't matter if the step-daughter was listed as an excluded driver, if she took the car with the parents with/without knowledge and/or permission anyway they are held liable.
So, you can either contact your Insurance and let them cover your damages and they will go after the owner of the vehicle or you can sue them yourself.
I checked with my agent about my G-daughter starting to drive and he told me she lives in house and is a minor I have to add her on or at least list her on my policy so it will be covered. I live in So. Calif.

Answer 5

The driver and the owner are responsible for the damages. If the driver was a minor, the parents are liable along with the owner of the vehicle.

If you have collision coverage and/or uninsured motorist coverage, your insurance company will pay for your losses and then go after the owner and driver (or parents) for the damages paid on your behalf.

If you do not have collision or uninsured motorist coverage you may have to sue to recover.

Answer 6

Talk to your own insurer; you may have coverage, in which case the insurer will pay you and then go after the driver under subrogation. If your insurance does not cover, you will have to pursue the claim yourself, either directly against the driver, or against her legal guardian if she was not of age.

Answer 7

it is no different if the owner of the car was in the car when it hit you that person that owned the car pays, een if someone else is signed on to drive that car the parents in this case will pay but most likely ground city for their son or daughter for some time.

only if the other car that hit you did not have insurence then you would end up sueing your own car insurance company

Answer 8

it would resolve itself w/ the parents being the care provider for the kid, and it's thier car if they didn't report it stolen they were aware she had it and went against their insurance policy. threaten to take the driver to court, and see what they say. if she is underage then it's pops props

Answer 9

The owner of the car is responsible for any damage caused by it.