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 Posted: Sun Aug 16, 2009 9:30 pm Post subject: excluded driver |
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i was at fault an accident it my husband car but i in excluded driver. i am worried they going to sue me. i need help he does have full 
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ag
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| Posted: Mon Aug 17, 2009 10:26 am Post subject: |
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You should be afraid. It depends on the state statute for excluded drivers. There's a really good chance that his carrier will not cover the claim at all. In which case it will be all on you, (and your husband). Sorry but I have GOT to ask the obvious...Why? Why were you driving a vehicle you knew you were excluded from?
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Lori
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| Posted: Tue Aug 18, 2009 2:01 am Post subject: insurance |
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| LORI...if you don't want someone driving your vehicle, how do you 'exclude' them? Through your Auto Insurance, etc.? I've heard of people 'excluding' other people from driving their vehicles, but,...how do you SPECIFICALLY do that? I just don't know. |
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sdchargersfan
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| Posted: Tue Aug 18, 2009 7:35 am Post subject: |
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Hi, earlier I used to believe that a person who's not been listed by the car owner as a 'driver' stands excluded.
But now that I've come across people sharing household cars, I'm a bit confused. Lori would probably be the best person to clear our doubts sooner. Pinkfloydfan
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Pinkfloydfan
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| Posted: Tue Aug 18, 2009 10:42 am Post subject: insurance |
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| Actually.....I was assuming the same thing, PINK. I thought (as well..) if you're NOT on the Auto Insurance, you can't drive that specific vehicle. |
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sdchargersfan
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| Posted: Tue Aug 18, 2009 11:39 am Post subject: |
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| Quote: | | how do you 'exclude' them? Through your Auto Insurance, etc.? |
Yes..First off all companys and all states do not allow this, (most do)...NO ONE is excluded from driving your vehicle if you give them permission...BUT you can exclude certain people. This is done because the excluded driver will cost the vehicle owner tons in premium. Let's say as an example that wife has a nice new car, husband has an old beater pickup. Husband has a horrible driving record, wife's is fine. In order for the wife's premium to not hit the roof, she can (if state allows spousal exclusions) exclude husband from driving her vehicle. This is a form she must fill out and sign. She won't suffer the high premium due to husbands bad record. BUT if husband does drive the vehicle that he is excluded on there is no coverage..now some states (although excluded) require that the liability portion still pay if an excluded driver is behind the wheel, (mine does not)...So in this case (OP's), for whatever reason, she is excluded from driving her husbands car, but she did it anyway, and got into a wreck that was her fault..Now (after alot of investigation) her husbands insurance company is going to (most likely) deny the entire claim. So now her husband has a wrecked car, and also has damage to the other vehicle that he and his irresponsible wife, are going to have to pay for out of pocket (dependent of course on their state law regarding exclusions)...
This (spouse with bad driving record), and teenagers are the number one exclusions. Again, all states are different, but safe to say, if you elect to exclude a driver and then allow that excluded driver behind the wheel. You're asking for trouble. Because the insurer will deny the claim...
Clear as mud? 
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Lori
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| Posted: Wed Aug 19, 2009 2:49 am Post subject: insurance |
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| YEP...LORI, it's "clear as mud"..LOL Ok...please correct me. Or..did I misunderstand. People can 'exclude' anyone they want, but (what I think you're saying is..) they let these 'excluded' people drive anyway?/ Then, if they do that, what's the point of 'excluding' them in the first palce? When you know claims can be denied, you can get fined,etc.?! Crazy!! |
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sdchargersfan
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| Posted: Wed Aug 19, 2009 10:37 am Post subject: |
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| Quote: | | did I misunderstand |
kind of. | Quote: | | People can 'exclude' anyone they want, |
If their company and state allow it, yes.. | Quote: | | but (what I think you're saying is..) they let these 'excluded' people drive anyway?/ |
Well some do...foolishly.. | Quote: | | Then, if they do that, what's the point of 'excluding' them in the first palce? |
Well those that do this think nothing will ever happen..or they are willing to take the gamble if something does...the reason to exclude them is purely money...it lowers their premiums substantially... | Quote: | | When you know claims can be denied, you can get fined,etc.?! Crazy |
Same reason people drive drunk, and without a license and insurance I guess..Just no cure for stupid.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu Aug 20, 2009 4:31 am Post subject: |
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Also keep in mind that many carriers won't allow someone to be excluded as the owner (named insured) can be held liable and the named insured is not excluded (so the carrier ends up providing coverage to protect the named insured by paying the claim. So the carrier provides coverage even though an excluded driver was driving.
A carrier may require a driver be excluded if they are an unacceptable risk (gee.... imagine that excluded drivers are frequently at fault in an accident after being excluded) and have easy access to the insured vehicle (live in household, drove the vehicle before, etc). As mentioned, most carriers will simply refuse to renew the policy rather then allowing the person to be excluded. |
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tcope
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| Posted: Fri Aug 21, 2009 10:17 am Post subject: insurance |
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| Well, then...I CAN understand why the carrier would NOT want to re-new the policy. Too much of a risk. But..if the policy holder KNOWS that someone (IE: a family member..) is a 'high' risk, then why put them on the policy? I think that's just digging a hole for the insured (owner). |
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sdchargersfan
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| Posted: Sun Feb 27, 2011 3:33 pm Post subject: Excluded driver |
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Am excluded but not at fault what can I do. The 2 insurance says am on my own?
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Lizzy
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| Posted: Sun Feb 27, 2011 3:34 pm Post subject: Excluded driver |
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Am excluded but not at fault what can I do. The 2 insurance says am on my own?
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Lizzy
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| Posted: Sun Feb 27, 2011 3:34 pm Post subject: Excluded driver |
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Am excluded but not at fault what can I do. The 2 insurance says am on my own?
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Lizzy
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| Posted: Sun Feb 27, 2011 3:35 pm Post subject: Excluded driver |
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Am excluded but not at fault what can I do. The 2 insurance says am on my own?
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Lizzy
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| Posted: Mon Feb 28, 2011 10:41 pm Post subject: |
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| Lizzy, are you the original poster from 2009? Are you being sued? Is there un-repaired damage to your husband's car? In many states, a spouse cannot be legally excluded. Is your name on the policy? Did you sign an exclusion form? Contact your state department of insurance to confirm the exclusion is valid. If it is valid, there is not much you can do. If the department of insurance cannot help you, see if you can get a free consultation with a lawyer having expertise in auto insurance law. |
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Robert742
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