Excluded Driver on Policy

UPDATED: Sep 30, 2022

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Excluded Driver on Policy

I live in California. My husband is an excluded person on my insurance policy. I usually drive him or he rides his bike. This day, I was really suffering from my Fibromyalgia, and was on medication. He give me a kiss and went to work. I didn’t know he took the car until my son woke me up saying, ‘my dad is trying to call you’ My phone was off due to me being sick. That’s when I found out that he took the car, because he said, ‘ it was raining and he didn’t want to ride his bike in the rain. Now, the other guy insurance company sent me a letter stating that if I have any evidence of the accident to send it to them. My insurance denied the claim, because he was an ‘EXCLUDE DRIVER’ What is my next step

Asked on February 22, 2017 under Accident Law, California


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

Answered 6 years ago | Contributor

Unfortunately, there is not much that can be done since your insurance denied the claim.  You are personally liable and will have to pay the property damage (cost of repairs to the other car) and personal injury claims of the occupants of the other vehicle or you will be sued for negligence since you are the registered owner of the at-fault vehicle.
If you are sued and there is a judgment against you which you cannot afford to pay, you should file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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