Can an excluded driver still seek compensation for damages from the responsible driver in an automobile accident?

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Can an excluded driver still seek compensation for damages from the responsible driver in an automobile accident?

A dependent 21 year old child was injured in a car accident and found out they are an excluded driver on their parent’s insurance. Their car insurance company will not help them with filing and will only speak to the parent however, the parent will not respond. Can the excluded driver dependent child still seek compensation for damages from the other driver? If so, should they do so in court or with the other driver’s insurance company?

Asked on February 7, 2019 under Accident Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The excluded driver should file a claim with the at-fault party's insurance carrier.  Notify that insurance company in writing of the personal injury claim.  
When the excluded driver completes his/her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, he/she should obtain his/her medical bills, medical reports and if applicable, documentation of wage loss.  The claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document the injury and treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If the excluded driver is dissatisfied with settlement offers from the that insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, the lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or the excluded driver will lose his rights forever in the matter.


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