Excluded Driver

[DSchell]

My wife's car was struck by a driver making an illegal U-turn in mid-block. The driver was driving his brother's car with the brother's permission. He is an excluded driver on the brother's policy. His Insurance Company says they will pay nothing. Does the fact that driver was excluded shield the Insurance company from all responsibility? This is from California.

 

[racer72]

That is exactly what they mean. Your insurance company should be after the legal owner of the vehicle. If not, you may have to sue the legal owner and the driver yourself.

 

[aristides]

i work for an insurance company in north carolina. we have had many incidents like this. the first thing any insurance company is supposed to do to get a recorded statement from the driver of the insured vehicle and also call the insured on the policy to see if the driver had permission to drive the vehicle. if the insured gave permission for the 'unlisted driver' to drive the vehicle and they are at fault in the accident, the insurance company should pay. if they do not, please consult an attorney to pursue to further or you may want to speak with the insurance company supervisor over their claims dept.