by madamcol » Mon Oct 04, 2010 11:03 pm
We were rear ended by a teenage licensed driver of a 2010 pickup truck. The truck had insurance, only the driver was "excluded" from the policy. Is there any way to force the insurance company to pay for our medical bills and repairs? Is the lienholder held liable at all? How do we go about finding out if the driver is insured on a different vehicle, thereby covering his liability on our vehicle? Thank you in advance! (we live in Texas, accident was in Texas)
Posted: Mon Oct 04, 2010 11:28 pm Post Subject:
Is there any way to force the insurance company to pay for our medical bills and repairs?
Keep in mind that your only recourse is against the driver and/or owner. The insurance company did not cause your loss. So even though they are not paying your loss... it's really that they are not covering the driver of the other vehicle.So you never had recourse against the insurance company... only the driver and/or owner.
Do you have UMBI coverage on your policy? This protects you in case an uninsured driver causes you an injury. With as many uninsured drivers on the road these days, it's a good thing to have. You need to contact your own carrier to see what coverage you have that may apply.
Is the lienholder held liable at all?
Not unless they caused the accident.How do we go about finding out if the driver is insured on a different vehicle, thereby covering his liability on our vehicle?
Some DMV offices might tell you this info if you can tell them enough about the vehicle and perhaps show them a police report.Has the other insurance company sent you a written denial? If not, the claim has not been denied. Regardless, you need to call the that insurance company and find out if they insure the _owner_. Many states hold the owner responsible for the use of the vehicle. As such, if that insurance company insures the owner, they are still on the hook. This is why most insurance companies no longer allow an excluded driver... they end up paying the claim anyway but they don't collect a premium for the driver.
If it turns out the other party is not insured I'd recommend contacting the police officer that took the report and letting him know. See if he will amend his report to insured this info and even possibly issue a citation to the driver for not having insurance. You also need to contact the a state office and find out how to go about having the drivers license suspended for not having insurance. That way it would stay suspended until he can show that he's settled your loss.
If you don't take these actions, the other driver is going to pay a fee to get his truck out of impound (if it went there) and then just drive away and be on his way. He still won't have insurance and he _will_ hit someone else and put them in the same position you are now (if not dead).
Posted: Tue Oct 05, 2010 05:03 am Post Subject:
Yes, we have uninsured motorist coverage (thank goodness), which is now what we are filing on. But we do still have a deductible that will have to be paid out of our pocket for it. :(
In Texas, apparently, if the insurance company has specifically, by name, excluded a driver from a policy, then the insurance company is not required to pay anything at all for claims against the vehicle. :(
I have contacted the police department FOUR times, now (they claim there is no way to leave a message for the officer that attended the scene and he is the only one that can help me, supposedly). I have spoken with the officer's supervisor, who was supposed to have him call me, but that was 2 days ago and still haven't heard from him. I am going to keep calling.
We did receive a letter from their insurance company, but it only stated they had received our claim and that we needed to "call them for a claim update", at which point we were told they would not cover any loss and that we had to file with our own uninsured motorist policy.
Posted: Tue Oct 05, 2010 06:06 am Post Subject:
Hi tcope, I see that in the above post the OP has mentioned that if a driver gets excluded in Texas, then the insurer doesn't need to pay anything towards claims. Is it the same for all states? Or is it that the claims are met in other states?
Posted: Tue Oct 05, 2010 07:28 am Post Subject:
But we do still have a deductible that will have to be paid out of our pocket for it.
Not under UIMBI. Also, keep in mind that your carrier _will_ seek recovery on what they pay out.excluded a driver from a policy, then the insurance company is not required to pay anything at all for claims against the vehicle.
I've not handled claims in TX but let me ask... did the other person's carrier tell you this? It's certainly possible... but I don't know if I'd rely on the other carrier having all the legal facts.I have spoken with the officer's supervisor, who was supposed to have him call me, but that was 2 days ago and still haven't heard from him. I am going to keep calling.
Let the supervisor know or call that supervisors boss. It's not out of line to move up the ladder is someone does not call you as promised. Trust me... if you call that supervisors boss and explain that no one has ever called you back... heads will roll. Can't say out far out of the way the original officer will go at that point but you gotta do what ya gotta do. Explain to them all that you don't feel it's right that someone can drive without insurance and not have to worry about the laws.at which point we were told they would not cover any loss and that we had to file with our own uninsured motorist policy.
Call them back and confirm that they are not going to cover the owner (their insured?) either. Regardless, ask for the denial in writing. You need this for your carrier as well.Keep in mind that your carrier will settle your injury claim (UMBI) just like the other carrier would. That is, you will need to negotiate with them just as if they are the other person's carrier.
Note: I mentioned UIMBI but it's really UMBI (uninsured... not under insured).
Posted: Tue Oct 05, 2010 07:35 am Post Subject:
I see that in the above post the OP has mentioned that if a driver gets excluded in Texas, then the insurer doesn't need to pay anything towards claims. Is it the same for all states?
The problem is that some states won't allow the insurance company to exclude coverage from _everyone_... not just the excluded driver. As such, the owner of the vehicle (the insured) still has a policy that states he/she is covered. Well, the exclusion excludes coverage for the driver... but what about the insured? If the OP files suit he/she will file against the driver and the owner (if the state allows the owner to be held liable). Then the insurance contract needs to react for the insured.But yes, it _appears_ some states will allow coverage to be excluded to everyone is an excluded driver is driving. I say "appears" as I don't know the legal standing of this in TX. Sure the other carrier will say this but has the issue been to court? Perhaps.
The reason why some states don't favor exclusions is that they tend to only hurt the victim. The insurance company is collecting a premium but not paying the claim. Judges simply don't like when this happens. Insurance companies are in the business to collect premiums and pay claims. Is it the victims fault that an excluded driver was driving?
So most carriers these day either collect a premium on everyone or don't write the policy at all.
Also, keep in mind... that driver was excluded for a reason. I'm guessing this is not the first time he's ran into someone.... I'm sure it won't be his last.
Posted: Sun Nov 04, 2012 02:12 am Post Subject: Drunk Driver
Nov 1st a drunk driver hit my car that was parked in my driveway and rammed it into my house. I have mulitiable injuries and found out the driver is excluded. She is my neighbor and this is her 3rd DWI (felony DWI she was arrested). I talked to their insurance and they told me the claim was denied. I am waiting on the letter. I have uninsusured on my policy, but I am also contacting my lawyer. He (husband knew she was excluded and still let her driver). If my car wouldnt of been in the driveway where it was park, it would of been a lot worse. I really think the owner should be held responsible for letting her drive, knowing she was excluded driver and 2 previous DWI. I have been reading and wanted to make sure that can hold both responsible for all the damages. My car is 1/2 in my house and 1/2 out. I wont move the car until an adjuster looks at all the damage.
Posted: Wed Nov 07, 2012 09:06 am Post Subject:
I really think the owner should be held responsible for letting her drive, knowing she was excluded driver and 2 previous DWI. I have been reading and wanted to make sure that can hold both responsible for all the damages. My car is 1/2 in my house and 1/2 out. I wont move the car until an adjuster looks at all the damage.
Whose adjuster? The other party's? They've already denied your claim. Your uninsured motorist property damage coverage will pay for the repairs to your vehicle, your homeowner's insurance will pay for the damage to your home.
You can sue your neighbor for all the damages -- you (wrongfully) hired an attorney this early in the process, so why are you complaining here? Let your attorney answer your questions -- he's going to get 30%-40% of your damages anyway.
In the meantime, if you leave your car half inside your home, and it rains or something else happens that causes further damage to your home, your homeowner's insurance will not pay for it because you have an affirmative responsibility to mitigate any additional damage under your homeowner's insurance.
You've really managed to screw this up because your focus is on you, and not your property.
Posted: Tue Oct 08, 2013 01:04 am Post Subject: excluded driver but i never put them on that list
I have a policy with EXCLUDED DRIVERS but I was never asked who I wanted on that list....now my car has been in an accident with one of the excluded drivers....but there was no reason he should of been on there unless they put household people as excluded drivers??? how do I go about this...first time insurance buyer.
Posted: Tue Oct 08, 2013 03:53 am Post Subject:
there was no reason he should of been on there unless they put household people as excluded drivers
By "household people" are you talking about immediate family members, such as a spouse or child, or are you talking about a roommate or casual guest? Immediate family members would only be excluded on the basis of bad driving records. Other "residents" of the household are excluded as a matter of course. They have to be added as insured drivers if they are not immediate family members.How long have you had the policy and known about the "list" of excluded drivers? It is your responsibility to know what your policy does and does not cover, and who is or is not insured as a driver.
If the person driving your vehicle has his own insurance, then that policy will pay the claim. If he doesn't have insurance, then both of you are liable for the damages to the other party, And it will be 100% out-of-pocket for you both.
Posted: Sat Jun 14, 2014 05:17 am Post Subject: excluded driver
Why do we have strict enforcement to carry "liability" insurance if an excluded driver is allowed to NOT LITERALLY but "get away with murder" My father is the victim here. He did not cause the accident as proved by the police report. The man who caused it was not driving his own car, and the insurace company who insures the car stated him as an "excluded driver" on the policy. My father does have the "uninsured,underinsured" coverage, but what I'm getting at is the extent of the damage is thousands of dollars more then what my father's ins. is going to pay him for his claim. Some people might think "at least he's getting something" No he really isn't, AND if he did want to sue the owner of the vehicle in order to get proper compensation, he would have to hire an attorney, and all this because the excluded driver was not paying attention, who knows, but my father has to pay for his neglegence. WHEN HE IS THE VICTIM HERE.
Not to mention, my father has been the victim of mortgage crises, so in order to get the modification, we were told we had to lower everything, which included his full coverage policy he's had almost 49 yrs. with the same company. So money is tight, and he cannot afford an attorney.
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