excluded driver

this girl rear ended me while i was at a complete stop at a red light. her moms insurance said that they would not pay me for my damages because the girl that hit me was an excluded driver from the insurance policy. today i found out the the insurance company cut the a check to fix their car. is that right, can they get away with that?

[I AM ALWAYS LIABLE]

Originally posted by abbitt70
this girl rear ended me while i was at a complete stop at a red light. her moms insurance said that they would not pay me for my damages because the girl that hit me was an excluded driver from the insurance policy. today i found out the the insurance company cut the a check to fix their car. is that right, can they get away with that?

My response:

Yep, they sure can - - because the car, itself, was insured. The driver wasn't.

So, you either make a claim through your own insurance, or you sue the driver and the owner of the other car.

Or, if neither of those work for you, then forget about it altogether.

IAAL

well what does YOUR insurance company say about this?

they are telling me to sue the driver but she is under age. will her parents be forced to pay

YES......and if they have property they might have to take a second motgage or sell it...YEAH...you WIN!!!!