My husband is excluded from our auto ins but was in an accident which he was not at fault. Will the other drivers ins cover?

Asked 12 months ago - Acworth, GA

Young lady pulled out in front of him and was given a ticket for failure to yield.

Attorney answers (7)

  1. William M. Brownell Jr.

    Contributor Level 12

    5

    Lawyers agree

    Answered . I agree with my colleagues' opinions that the at fault driver would be responsible for your husband's injuries even though he was driving a car that he was excluded from insurance coverage. I would add this warning though. If your husband was driving a car on which he was an excluded driver, he could potentially be charged with driving a vehicle without proper insurance coverage (fines, possible jail time and 12 months mandatory license suspension). And if the owner of the vehicle he was driving allowed him to drive the vehicle knowing he was not covered, the owner may also be facing criminal charges.

  2. Evan A. Watson

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . File a claim with the other driver's policy if she was at fault. Whether your husband is covered under a policy would be an issue if the other driver sued you or your husband for damages.

    Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Remember the ticket doesn't determine fault. But if that is what ultimately is decided, yes the other insurer would be liable.

    Be aware that your husband may be charged before this is over with a crime, driving without insurance, and he could face up to a year in jail, $1000 in fines and one year license suspension. And if the other driver sues your husband, you'll have an even worse problem. (You also could be charged with allowing him to drive without insurance).

    In other words, see a lawyer and tell your husband to stop driving.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  4. Merry Melinda Fountain

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Yes, based on the facts presented that the other driver was at fault. Your husband should file a claim with her insurance carrier. If he was injured he should obtain medical treatment and consult with a local personal injury attorney in Georgia. Most initial consultations are free.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, submit the claim

  6. Ian Zimmerman

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . If she was at fault, her insurance will cover the damages.

  7. Michael R Crosner

    Contributor Level 20

    3

    Lawyers agree

    Answered . The other driver's insurance should cover

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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