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 construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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 advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
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.
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.
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