If I was hit by an”excluded driver”, how canI collect on an insurance claim?

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If I was hit by an”excluded driver”, how canI collect on an insurance claim?

I was hit by an “excluded driver” whoran away; luckily I got the license plate and the guy caught by cops. That was his fault that caused this accidents. I have a liability insurance that covers UMBI too but now my insurance company is denied to pay me for UMBI because the car that hit me has insurance but the driver who hit me is an “excluded driver” on its policy. In that case, which company is liable to pay the damage of my car?

Asked on February 10, 2012 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, if you have uninsured motorist provisions with respect to your vehicle and your policy covers costs of repairs for uninsured motorists, then your insurance policy in the end should be responsible for payment on your car's repairs.

The issue is a dispute between the two insurance carriers in that the driver that caused the damage was "excluded" but the car that caused the damage to yours was insured.

I suggest that you speak with your claims representative about your policy covering your damages and your carrier then seek indemnity from the insurance carrier of the other vehicle. In the end you might need to consult with an attorney who practices insurance law.


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