What happens if an excluded driver on my car policy experiences a hit-and-run, will my policy cover for it?

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What happens if an excluded driver on my car policy experiences a hit-and-run, will my policy cover for it?

My car was in a hit and run and I just found out that the person who was driving was excluded from my insurance policy. At the time when I signed up for my insurance, I got confused on what the exclusion meant. I though it mean exclude them from paying for their own insurance. So that’s why I put them as excluded on my policy. Had I known this. I would not have excluded them given that they were safe driver’s who have never had any accidents or any police reports on them. So what would happen now that I experienced a hit and run on my car? Would I have to pay out of pocket since the person who was driving was excluded in my policy? Would we be able to get insurance coverage for the driver that was excluded from my policy given that I didn’t fully understand what the exclusion meant at the time of signing the policy? Also, can I change my policy to exclude no one?

Asked on August 9, 2019 under Accident Law, California

Answers:

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

Answered 1 year ago | Contributor

As the registered owner of the vehicle, you are liable for the property damage and personal injury claims caused by the hit and run. The excluded driver is not covered by your insurance. Therefore, you could be sued for the property damage and personal injury claims caused by the hit and run because your insurance will deny the claim since the hit and run was caused by an excluded driver. If you add the excluded driver to your insurance policy, it won't be retroactive and won't cover the hit and run.


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