Reader Question: Who Pays When Excluded Driver is at Fault?

I was hit while riding my motorcycle by a guy who is an excluded driver on the policy covering the car he was driving. However, he has his own insurance policy. Is the at fault driver's insurance company responsible for the driver since he is excluded from the car he was driving reportedly without permission? W. Dalton


The short answer is: Yes.

If an at-fault driver is listed as an excluded driver on the vehicle he was driving when he (or she) caused an accident, he is not covered under that automobile insurance policy. It is as if the vehicle were uninsured.

However, if the at-fault excluded driver has his or her own automobile insurance policy, that policy may provide liability coverage for the accident victims.

Even if no applicable coverage can be found for the at-fault driver, the victims' Uninsured Motorist coverage may compensate them for their injuries and damages. Uninsured Motorist coverage is very common on automobiles. You mention that you were riding your motorcycle at the time of this accident, so you will need to check your policy for this type of coverage.

Additionally: you mention that the at-fault driver was driving without permission. If this is actually a case in which he stole the vehicle and the theft is documented/proven, then there may be no coverage under his own policy. If this is a case where a friend says he took the keys without asking and they are unwilling to press charges, then this probably will not qualify as a theft. You will want to get your own insurance company involved in the investigation of the circumstances surrounding permission and possession of the vehicle.

This article is approved for informational purposes only and is not intended to take the place of competent local legal counsel.

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