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

UPDATED: Feb 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption