If I am an excluded driver and I get into an accident, will the at fault driver’s insurance cover my car and medical costs?

UPDATED: Aug 8, 2019

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If I am an excluded driver and I get into an accident, will the at fault driver’s insurance cover my car and medical costs?

If I am 100% not at fault will the at fault driver]s insurance cover my damage still?

Asked on August 8, 2019 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being an excluded driver means that the insurance of the owner of the car which you are driving will not pay out for any damage or injuries, etc. you cause--so if you had been at fault, the car owner's insurance will not protect you or pay for you.
However, your exclusion on the car owner's policy has nothing to do other at-fault drivers' (or their insurers') responsibilty to pay for injuries they cause you or damage they cause to the car: you are not excluded from their policies, and your being exclued on someone else's policy does not mean you can be hurt or the car you are driving damaged with impunity. 
Bear in mind that for the other person's insurer to pay you is voluntary on the insurer's part unless you sue the at-fault driver and win, getting a judgment in your favor. The at-fault driver's insurance will often choose to pay or settle the case to avoid a lawsuit if they think they and their driver will lose anyway, but that's their decision: until their is a judgment against their driver, it's up to them whether to pay or not. So if the other driver's insurer chooses to not pay, you will have to sue the other driver in court and prove his/her fault.

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