You get struck by a driver, maybe a young driver and at the scene you exchange information, police officer writes everything out. You feel pretty comfortable that the person who caused your crash has insurance. Then perhaps a month later you get a letter in the mail from that insurance company saying, "Oh little Johnny Brown who caused this accident was actually an excluded driver under his parents' policy."

Now here's why that's important. It's because the insurance company that would otherwise be providing coverage isn't going to want to pay for coverage for this excluded driver. We've spent some time looking into excluded drivers insurance policy's and let me tell you what we've found. This is a highly regulated area. The insurance company can't just decide one day to exclude all the children of a household.

It's a very arduous process and they've got to send a particular kind of notice and the notice has to say the right things and it has to detail and give the options for the parents to agree to the exclusion. Almost never done right. What the laws tell us is if they haven't done the exclusion right, then the insurance company doesn't get the benefit of having that driver be excluded.

What does that mean to you? Insurance doesn't get to simply right a name and say that person is excluded. They've got to go through very inordinate details. They've got to give precise name. They've got to identify exactly what it was, the conduct that caused that driver to need to be excluded. They've got to identify what the rate would be if he wasn't excluded or whether they were going to cancel him if he was excluded.

I've looked at a number of these excluded driver policies and almost ever when the insurance company starts out saying that they're not going to pay because of an excluded, we nearly are always able to show the insurance company that in the underwriting process they did it wrong. That means we can get that insurance company to pay additional benefits and pay benefits to you for the injuries that were caused by that driver. That's why it's very, very important to understand excluded driver.

If you've been injured in a car accident and the at fault drivers insurance is claiming that they are an excluded driver call our Denver Personal Injury Law Firm today for your free case evaluation.



POST AUTHOR

Chad Hemmat

CHAD P. HEMMAT

Co-Founder & Lead Trial Attorney


Chad Hemmat is a co-founding principal partner of Anderson Hemmat. Mr. Hemmat directs all civil litigation operations at Anderson Hemmat. Litigation is the actual court process. Mr. Hemmat is personally involved in every case and insures that each client receives impeccable representation. Read more...


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