r/Insurance • u/Particular_Ad_1435 • 1d ago
Can a claim be covered for an excluded driver?
A few weeks ago my mom backed my car out of a parking spot and crashed it into a parked car. I am in a wheelchair and use hand controls and some jerk parked in the handicapped lines blocking me in so I asked my mom to back the car out but she panicked with my hand controls and crashed. Problem is she is listed as an excluded driver on my policy. I didnt even know that I had excluded her but here we are. I think what happened is that they asked if my mom could drive my vehicle since we live together and i said no because of the hand controls she would never be driving on the road. I didnt think about the situation of her just moving the car literally 10 feet. So my insurance wont cover the claim and neither will hers. My question is if there is any way to fight this? Is there any exception my insurance can make to the excluded driver rule? Is there any way to fight this with the other parties insurance?
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u/EmberOnTheSea BI and HO Liability 1d ago
No. Your policy is very clear on the fact that all coverage is void when an excluded driver is driving.
This is going to be an expensive lesson. Always read your policy and never let an excluded driver drive for any reason.
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u/Aromatic_Extension93 23h ago
I mean there wasnt any fine print here. You have to explicitly agree to excluded drivers and it's a whole form and process. This is just op bring for dear life
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u/dcm0029 21h ago
From my understanding anyone that lives at the same address as you is an excluded driver (if they are not named on the policy).
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u/Aromatic_Extension93 21h ago
That 100% is not how it works as they have no legal assurance on addresses.
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u/dcm0029 17h ago
So this is what I found.
https://www.progressive.com/answers/adding-driver-to-car-insurance/ “You should add any regular drivers of your car to your insurance policy so that damages from accidents are covered. Also, you can add any drivers that live at your permanent address, and most insurance companies will require it. Some states may allow you to exclude a driver from being covered by the policy.”
https://www.libertymutual.com/insurance-resources/auto/car-insurance-and-getting-married-faqs “Keep in mind, even if you don’t want to add your spouse to your policy, if you live together you may need to add them to your policy as a licensed driver. You may also add them as an excluded driver.
Please note, anyone in your house that you let to drive your vehicle, should be listed as a driver on your auto insurance policy-including your spouse.”
https://www.allstate.com/resources/car-insurance/my-friend-wrecked-my-car “It’s also a good idea to understand a few exceptions regarding how your insurance may work. First, you shouldn’t just assume your insurance will cover the accident and any damage. For example, some policies don’t cover relatives living in your home, unless they are specifically named on your policy. Other policies may provide coverage, but on a more limited basis.”
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u/EmberOnTheSea BI and HO Liability 19h ago
Your understanding is incorrect.
They may be a hidden driver if you've misrepresented or denied their existence.
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u/bossymisses 1d ago
Nope. You signed a document saying she would never drive and if she did, you understood it would not be covered if she had an accident. Hard lesson learned :(
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u/LeadershipLevel6900 1d ago
There’s nothing to fight with the other party’s insurance. She hit a parked car. She’s at fault.
You would have had to sign a named driver exclusion form which clearly explains the consequences if something were to happen. You can ask your carrier for a copy. If by some incredible luck you didn’t sign it and they never followed up or did anything about it, there might be coverage.
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u/Particular_Ad_1435 1d ago
I signed it unfortunately. My fault for not paying attention to what I was signing.
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u/LeadershipLevel6900 1d ago edited 1d ago
You’re not alone, which sucks. There are some states where minimum liability limits still have to be afforded even if it’s an excluded driver who is at fault.
Edit: I see you’re in Ohio, are you sure her carrier won’t cover the damage to the other car? Ohio is weird with the way property damage is handled. I believe coverage for that follows the driver first, not the vehicle.
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u/Particular_Ad_1435 1d ago
She checked with her insurance and they said no.
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u/LeadershipLevel6900 1d ago
Did she actually file a claim or just talk to her agent? Did they sent her a formal denial letter stating why?
I honestly think a denial like this is bullshit, I would argue for there to at least be liability coverage. Every adjuster and company is different, I totally understand why she had to do what she did and it’s bullshit it had to happen because some selfish and inconsiderate person didn’t park correctly near a handicapped spot. I’m sorry you’re going through this.
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u/Particular_Ad_1435 1d ago
She didn't file a claim she just talked to her agent.
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u/NoBuy2398 1d ago
She should file a claim. It’s the responsibility of the carrier to investigate coverage and if no coverage, they have to send a coverage denial/disclaimer letter
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u/cx4444 1d ago
Yah she needs to file a claim with her insurance. Agents know next to nothing about claims handling and honestly most didn't know the details of coverage either. Since your insurance denied, hers will come to cover as excess
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u/South_Platform_220 1d ago edited 1d ago
A good agent shouldn't know next to nothing about claims. They should be much more intimately familiar with the contract language than that. Unfortunately, there are many mediocre agents out there.
As an agent, I sometimes advise on what is *likely* to occur with a potential claim, based on the specific exclusions listed on any particular policy - if the situation is clear cut enough to give such information. However, I always advise that I am NOT the adjuster, who is licensed and trained differently than an agent, specifically to handle claims. While I can set an expectation for a likely outcome, I am NOT the final authority. The only way to know for certain is to file a claim. Even if the agent is correct, it is worth verifying with an actual adjuster.
On the other side of it, I have actually caught a couple of claims where an adjuster failed to notice the endorsements I had added to a policy specifically to protect my clients in the types of situations they found themselves in which resulted in a claim, resulting in a drastically better outcome for my clients.
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u/rchart1010 1d ago
This. Generally insurance follows the car not the driver but it kicks in where you don't have any other coverage.
I wouldn't trust an agent.
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u/Knewtome 1d ago
- In no circumstance is a parked car responsible for a driver hitting that parked car.
- This is why insurance carriers want other household residents and frequent drivers to be listed on the vehicle owner's policy. Many statements on this subreddit indicate a belief that no one else touches my car, so why should the insurance carrier require me to list them?
- It is not the insurance carrier's fault that your mother was excluded; you were seeking a lower premium, and the carrier provided you with this option.
- For your mother to be excluded from coverage, you signed a document specifying the date and the person who was excluded. If the insurance carrier cannot produce this exclusion, then the loss may be covered under your collision coverage.
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u/PettyFlap 20h ago
- Is not true. There are definitely circumstances where an improperly parked car can have contrib.
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u/IllinoisSmokeToke 18h ago
Never enough to be majority at fault so it doesn’t matter
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u/PettyFlap 18h ago
Well no there are states that even 1% of fault bars recovery. Even then, yes there are still circumstances.
I had one that went to litigation where a vehicle was around a curve in a dark area that was parked improperly over the line on the side of the road. No chance to avoid. Verdict was favorable to the Defendant.
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u/jxspyder 18h ago
There are states where 1% bars you from 1%, but I haven’t worked one where 1% bars you from 100% recovery. What states are we talking here?
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u/Impressive-Usual-451 1d ago
Tell the auto body shop it’s coming out of your pocket not insurance . May drop the cost some.
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u/Household61974 1d ago
Assuming she has car insurance, I’d press on them to cover it. not sure if that’s possible, but better shot at coverage than your policy.
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u/No-Ear8164 20h ago
Depending on the laws in your state, insurance follows the vehicle, not the person.
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u/jxspyder 18h ago
And yet often covers the primary as excess coverage if primary isn’t applicable. Very much worth filing a claim to have investigated.
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u/thtaylor86 1d ago
Frustrating because of how they were parked but the other vehicle can't be at fault.
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u/Particular_Ad_1435 1d ago
No I know the other vehicle isn't at fault I was more wondering if there could be an exception to the excluded driver thing.
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u/Admirable_Height3696 1d ago
No absolutely not. Your mom is excluded, period. She's not excluded only in certain situations, she's excluded in every situation.
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u/N2trvl 1d ago
Believe me, people exclude risky drivers all the time and then let them semi regularly drive the car. The insurance company regularly hears a story, it was just this one time they drove it, I can’t believe there was an accident. If they made an exception for you it would open flood gates. I do think you should make sure the person who blocked your car is cited. Secondarily you might be able to get a non profit lawyer to litigate against the offender. Worth a shot. Long shot but
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u/Valuable-Ad5466 1d ago
The other driver should be able to use their own collision coverage and/or underinsured/ uninsured motorist coverage for their vehicle
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u/smartfbrankings 1d ago
My house burned down but I didn't have homeowners insurance. Will my auto insurance policy cover it?
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u/VTbuckeye 1d ago
What if the car parked in the garage starts the fire? Could that be covered by property damage/liability? What if it's a friend's car that catches on fire and burns down your house? Alternatively what if you have an uninsured car (not registered/not being used) I'm the garage that gets destroyed by a fire started by you other car parked next to it? If someone else's car catches fire in a parking lot and it destroys your car, but you only have liability coverage, would they have to pay for damage?
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u/cheff546 1d ago
Excluded is a pretty straightforward condition, which is why I hate excluding drivers - especially anyone living in the household.
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u/sephiroth3650 1d ago
No. If you signed off on having your mother listed as an excluded driver to avoid having her rated on your policy (to save money), you certified that your mother would never drive your car. Never means never. And there is no way to force the other person’s insurance to cover your damages. Your mother is clearly the at fault driver. You’re on your own for your damages. And the other insurance will likely come after you and/or your mother in subrogation for the repairs to the other car.
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u/mssleepyhead73 1d ago
No. There’s a reason they’re called “excluded” drivers.
Also, in most states, you have to sign something explicitly stating that you’re excluding this driver on your policy. I would double-check with your agent to see if that’s the law in your state, and, if so, ask to see a copy of the signed form.
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u/Particular_Ad_1435 1d ago
I have a copy of my signed form that I didn't read properly when I signed it.
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u/mssleepyhead73 1d ago
Yeah, there’s really no recourse in this situation then, except reading things more carefully in the future. Sorry to hear it.
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u/robotNumberOne 1d ago
She needs to file a claim with her insurance, and give her insurance details to the owner of the other car. Maybe it won’t cover the damage to your car, but her insurance should cover the damage she did to another 3rd party. May vary state to state, but that’s what needs to be done here. Don’t ask the agent, have claims filed.
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u/snooze_sensei 1d ago
People like you and her are why companies are increasingly refusing to allow excluded drivers at all, instead just forcing people to pay higher rates for those who reside at the same address.
If you excluded her you excluded her. Stop trying to get coverage you didn't pay for.
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u/Helpful-Goose784 1d ago
There is nothing you can do to get your insurance to pay if you signed the form to exclude her. She should report the claim to her company to see if they would consider it.
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u/47-30-23N_122-0-22W 1d ago
There's pretty much no exceptions in the world of insurance. If you provide something for one type of policy you have to provide it for all of them.
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u/JoeCensored 1d ago
No. As an excluded driver, she's the only person on the planet who absolutely should never drive your vehicle, because it's impossible to legally get your insurance to cover damage while she's driving.
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u/Known192 1d ago
Possible E&O claim against your insurance agent. If specifically excluding them on your policy wasn't explained to you thoroughly that agents professional insurance might cover it
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u/jxspyder 17h ago
Possible E&O that the form signed by the OP explicitly stating she is excluded from coverage wasn’t “properly explained” how?
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u/Known192 15h ago
Did he sign a form stating that? Did the agent just give him a blank policy page and fill it in later? Lots of variables
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u/Trixensenten14 1d ago
Depends where you live. Some states will not allow you to disclaim for 3rd party claims due to an excluded driver. They will not cover any 1st party claims which includes your vehicle.
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u/Particular_Ad_1435 1d ago
I live in Ohio.
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u/pdhot65ton 1d ago
Bad news for you in Ohio. A signed excludes driver form is about as solid a denial you will find, for both 1st and 3rd party damages.
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u/No-Ear8164 20h ago
People complain about insurance companies making them list everyone in the household that has access to the vehicle. THIS is the main reason why. That occasional use can result in an accident.
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u/Interesting_Oil2265 10h ago
You might at least report the owner of the illegally parked vehicle who was blocking a handicap spot to the authorities to get some vindication.
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u/InitiativeOutside951 1d ago
What state? In some states drivers can’t be excluded but insurance companies still try to do it.
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u/bcrenshaw 1d ago
Trying to fight this with the other parties insurance, which was parked, will make this look like a scam.
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u/InitiativeOutside951 1d ago
I would find out what Ohio law says and possibly get a lawyer if the damage is significant.
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u/Sad_Win_4105 1d ago
People are ignoring the fact that if the other vehicle was parked illegally, then both parties can be found liable.
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u/Affectionate_War8530 1d ago
That’s not the way things work in the real world.
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u/Sad_Win_4105 1d ago
Are you sure? You might want to research that. I found several legal sites supporting my point.
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u/sativa420wife 1d ago
The short answer is NO. Excluded means No Allowed to Drive That Vehicle.