by tvirgen » Sat Jan 24, 2009 08:41 am
I got in an accident on Jan. 8, 2009. I was driving my wifes car that is under her name, and I am excluded from her coverage. I dont drive her car usually, but the axle on my car broke the day before. I took my wifes car the next morning without her consent. I do have liability insurance in my own car for me and my wife. Her insurance is not going to cover me. She signed a paper excluding me from coverage. My insurance said they will not cover me. Can they do that? Do they not have to pay for anything. The girl I hit wants me to pay $7,000 for the damage and for the rent a car, or she will suit me. She will only take the car to her uncles shop. I told her I would pay for the damages. The estimate her uncle gave sounded pretty high for the damage I done. I told She will not let me get any other estimates, either at the dealership or any where else. Do I have to let her get it fixed at her uncles shop? Do I have to pay out of pocket? Do I have any rights to protect myself in any way?
Posted: Mon Jan 26, 2009 07:07 am Post Subject:
Well, I think I've read it somewhere that even though someone is excluded in your policy but is residing in the same household the insurance company might extend the coverage to that driver as well. Do i know it right?
However, I think that the insurer would certainly drop that policy holder afterward if she is in a habit of allowing the excluded drivers to driver her car.
Posted: Mon Jan 26, 2009 07:14 am Post Subject:
Hi All!!
The outcome in OPs case may well depend upon the state his residing state . Some states like-Florida, New Jersey follow the policy of non-exclusion for the liability coverage, i.e. the insurers can't the liability coverage even for the excluded drivers.
However, they would not address the damages caused to the OPs car.
Posted: Mon Jan 26, 2009 11:13 am Post Subject:
So..........an SR22 is for High Risk drivers ( DUI's, bad driving records, etc)? Am I understanding this correctly?
Yes, and always court ordered (in all of my experiences)I've handled a few claims over he years when the excluded driver got a hold of they car (NEVER with the owners permission :roll: )in these claims the driver did not have an sr22....one of them (i can't remember all the particulars too many years ago). I seem to remember on one of them we paid the collision comp coverate the others we paid nothing. I cannot remember for the life of me what the difference was.(maybe it was considered theft?)..i've handled many claims where an sr22 driver was driving an insured vehicle (with permission) and we paid the entire claim in full of course.
Posted: Tue Jan 27, 2009 11:43 am Post Subject:
i've handled many claims where an sr22 driver was driving an insured vehicle (with permission) and we paid the entire claim in full of course.
Doesn't an SR22 driver ahve to have some kind of PROOF that they have permission.? I'm just saying, a person can tell an SR22 driver they DO have permission, however, the insured can easily turn around and tell the Insurance company that te SR22 driver did NOT have permission. Is my question clear? p.s.- Hope this 'quote thing' came out ok. :wink:Posted: Tue Jan 27, 2009 01:14 pm Post Subject:
Doesn't an SR22 driver ahve to have some kind of PROOF that they have permission.?
No more than any other non-named driver of the policy...I'm just saying, a person can tell an SR22 driver they DO have permission, however, the insured can easily turn around and tell the Insurance company that te SR22 driver did NOT have permission.
I suppose they could, but implied permission is also permission, and it generally is not in the insured's best interest because they claim could only be paid then under comp peril of theft, and they would have to in essense prove the sr22 driver stole their vehicle..very unlikely this thread or question by the OP is different in that the OP was an EXCLUDED driver...big big difference...Is my question clear?
I think so..you let me know that, if i adequetly answered your question. :wink:p.s.- Hope this 'quote thing' came out ok.
looks good to me...
Posted: Thu Jan 29, 2009 11:37 am Post Subject: insurance
Thanks, LORI. You DID answer the question for me. :lol:
Posted: Sat Jun 23, 2012 07:10 am Post Subject: car accident
i'm listed as being an excluded driver on my common-law husband insurance we are not together any more but we got in a car accident last week where he gave me a ride from my son baseball game can i sue him for my kids and my injures
Posted: Sat Jun 23, 2012 11:06 am Post Subject:
If you are not living in the same household and are not listed as an insured on his policy, you may file a claim with his insurance company.
If your claim is denied, then you can think about suing.
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