Excluded Drivers on an Auto Insurance Policy: What Happens if They Drive and are in an Accident?

I was involved in an accident where the other driver was at fault. The other car was insured but the driver was an excluded driver on the car owner's policy. Who is responsible for damages to my car in this instance? - Joel W.

The person responsible for the accident is the person who was driving the vehicle that hit your car.  Now whether or not he has insurance is a separate issue.  If he was an excluded driver on the car owner’s policy, he will have to pay for the damages to your vehicle either with his own insurance policy, if he has one, or out of his own pocket.  In the mean time, if you want to have your car fixed right away, and you have collision coverage under your own policy, you can make a claim and have your car taken care of.  Then your insurance company can try to “subrogate” against (legally demand money back from) the other party or his insurance carrier to reimburse your insurer for money they spent to have your car repaired.

Lori Mandell is an attorney, writer and editor. Her specialty areas include insurance, personal injury and estate matters.

Have a Question about Auto Insurance?

Submit your question to our Experts and we would be happy to answer it for you!