Skip to main content

Would my insurance be involved in my spouse's prop 213 case?

Cupertino, CA |

My spouse was rear-ended by a drunk driver in California, who fled the scene on foot. My spouse does not have insurance. I have insurance for the car and signed a excluded driver form with his name on it. Would my insurance be paying me for the damages on the car and suing the other party to recover the costs?

How do we find out the other driver's insurance details?

The cops provided an incident card. Does he have to report the accident to DMV or they already know?

Attorney Answers 7


  1. YOUR INSURANCE SHOULD PAY FOR YOUR PROPERTY LOSS, HOWEVER, PROP 213 WILL COME INTO PLAY AGAINST YOUR HUSBAND. HE WILL NOT BE ABLE TO RECOVER FOR HIS ECONOMIC DAMAGES FROM YOUR INSURANCE OR FROM THAT OF THE DRUNK DRIVER'S. HE MAY BE ABLE TO RECOVER FOR HIS MEDICAL LOSSES FROM THE DRUNK DRIVER'S INSURANCE COMPANY IF ANY. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  2. Your insurance may cover for the damage to your car assuming you have collision coverage. The policy needs to be read carefully to see if damage when being used by excluded driver will cause collision coverage to be excluded. If you ins pays for it, it will try to subrogate and get reimbursed from the other party or his insurance. When there is an accident and someone is injured or prop damage exceeds 750.00, all parties involved are supposed to file SR 1 forms with the dmv. That is how dmv learns about the accident. If you file one, dmv may learn that your husband was driving with no liability ins coverage, and he could get a suspended license as a result.
    Call the number on the incident card to find out when the report is ready. The report will contain info about the other car and driver (if they found out who it is). That includes any ins info. The owners name and address will hopefully be on the report. You can contact them for their ins info. If the other driver is caught, and he gets convicted for dui, then your husband can sue for injuries and all his damages, even though he was not insured for liability coverage at the time. You run a huge risk allowing him to drive the car when he is excluded. If he caused an accident with your car, you could be sued, and your liability ins will likely not cover you for such a claim. Your assets would be a t risk.


  3. Your insurance should pay for the damages and seek reimbursement from the other driver's insurance carrier. The other driver's details will be found on the actual police report.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. You should request a copy of the police report that was filed.


  5. If the other driver can be located, tried and convicted of drunk driving, and the other driver has insurance, this may fall under one of the exceptions to no insurance pursuant to proposition 213. (the drunk driving exception).

    However, this exception will have no bearing on the issue of the excluded driver. Good luck.


  6. Mr. Kopelson has provided a very thorough answer that I agree with. I can only add that your insurance company, once it knows about the accident, might file a report with the DMV on your behalf, but because your husband was excluded from the policy that might happen here. Talk to them about that. You also probably should be talking to an attorney as you face a very complicated set of legal risks here.


  7. Report the accident to your insurance company to resolve the damages.

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics