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  1. #1
    Join Date
    Dec 2009
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    4

    Default Excluded Driver Involved in an Accident, No Fault State

    My question involves insurance law for the state of: Michigan

    I was given permission to take my mother's car by my mother in order to pick up my younger sister. My mother was unable to drive because she had taken her blood pressure pills that make her drowsy and sleepy. On my way back I collided with a truck that failed to stop and had their head lights turned off(it was approximately 9:30pm). The driver of that truck was at fault and was issued a ticket. The driver was 17 years old and was not listed under her father's insurance when this accident happened.

    The problem is that I am an excluded driver on the insurance policy and the insurance denied my father's claim. An adjustor came out a day before the denial and claimed the car to be total loss and told my father that he should take his license plate and belongings because the insurance will be taking the car and paying off the dealer because the car is a lease. The very next day the insurance technician calls my father and tells him the claim has been denied due to the fact that I was the driver and I am excluded off the policy.

    I do not reside with my parents and my driver's license is addressed to my grandma's where I do reside. The insurance company did have a copy of my driver's license before the accident had occurred. I am not a troubled driver. I have a very clean record up until this incident happened. I am 20 years old.

    Are there any loopholes to this excluded driver situation? Is there anything that can be done to either repair the damages or pay off the dealer for total damage costs? Would this hold a good standing in court if I was to take it to court? What or who would I be challenging if I do go to court? The driver of the truck or my father's insurance company?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Excluded Driver Involved in an Accident, No Fault State

    So, are you an excluded driver or not? If you are, it doesn't matter why. Your parents would have known you were an excluded driver and if they allowed you to drive their vehicle, then the insurance company can rightfully deny the claim.

    and ultimately, you have no action in the situation. The insurance situation is between your father and them.

  3. #3
    Join Date
    Dec 2009
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    4

    Default Re: Excluded Driver Involved in an Accident, No Fault State

    I did state that I am an excluded driver above. Yes I also did state that the insurance denied the claim. If you read my passage carefully you would have realized that your response did not in anyway help at all. You have not answered any of my questions nor did you provide any information/advice. I know the insurance situation is between my father and them; however, some of us still like to assist people in obstacles unlike others.

  4. #4
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    I'll make this real simple for you.

    You have no action against anybody. Dad may have an action against the other driver for $500 but I would have to research case law to state that with any certainty either way.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
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    1,126

    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting jk
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    I'll make this real simple for you.

    You have no action against anybody. Dad may have an action against the other driver for $500 but I would have to research case law to state that with any certainty either way.
    No action against the other party. In MI each party files through his own insurance company for collision coverage.

    OP, your parents, for whatever reason (likely financial) didn't want you covered by their policy. Regardless of the permission granted by your mother, you were not covered by the insurance policy because they signed paperwork stating they didn't want you covered. Although the adjuster verbally said their was coverage, he simply made a mistake. The written policy overrides his verbal mistake.

    You don't have any options here.

  6. #6
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting moburkes
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    No action against the other party. In MI each party files through his own insurance company for collision coverage.

    OP, your parents, for whatever reason (likely financial) didn't want you covered by their policy. Regardless of the permission granted by your mother, you were not covered by the insurance policy because they signed paperwork stating they didn't want you covered. Although the adjuster verbally said their was coverage, he simply made a mistake. The written policy overrides his verbal mistake.

    You don't have any options here.
    Dad might be able to make a claim for the $500 mini tort IF Michigan does not consider what happened as operating without the required insurance coverage. I do not know how MI views such a situation and since the OP was just oh so friendly in her response to me, I am not inclined to look for the answer either. But, it is only $500 so not really a huge issue anyway, especially considering what dad will owe on the car.




    So Mo, hows dad and the little sweety? Both doing good?

  7. #7
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting jk
    View Post
    I'll make this real simple for you.

    You have no action against anybody. Dad may have an action against the other driver for $500 but I would have to research case law to state that with any certainty either way.
    Quote Quoting jk
    View Post
    Dad might be able to make a claim for the $500 mini tort IF Michigan does not consider what happened as operating without the required insurance coverage. I do not know how MI views such a situation and since the OP was just oh so friendly in her response to me, I am not inclined to look for the answer either. But, it is only $500 so not really a huge issue anyway, especially considering what dad will owe on the car.




    So Mo, hows dad and the little sweety? Both doing good?
    But the 17-year old WAS likely covered. Just because you're not listed on the policy, doesn't make you automatically not covered. Now, the insurance company would add the driver (backdated if necessary) and subtract the unpaid premiums from the payout of the claim, but the driver is likely covered.

    Everyone is good. Thanks for asking! My oldest is actually turning 6 in a few weeks and the little one is turning 4 next on the 3rd.

    Wow! You've got a good memory LOL!

  8. #8
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    Jan 2006
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting moburkes
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    But the 17-year old WAS likely covered. Just because you're not listed on the policy, doesn't make you automatically not covered. Now, the insurance company would add the driver (backdated if necessary) and subtract the unpaid premiums from the payout of the claim, but the driver is likely covered.

    Everyone is good. Thanks for asking! My oldest is actually turning 6 in a few weeks and the little one is turning 4 next on the 3rd.

    Wow! You've got a good memory LOL!
    but the 17 yo was at fault so OP's dad would be able to claim the $500 (if not disallowed for not having the required insurance as I was pondering before...)

    I was not speaking to the 17 yo not being covered, or listed. I simply accepted he was covered under the policy as any occasional driver would be.

    BUT, actually, if the 17 yo was not covered, dad might have a claim but that is another situation that I don't care to expand on for the friendly OP. Aaron spoke of protection from suits granted by virtue of carrying required insurance and if the at fault party did not have required coverage, they might be exposed. Not enough facts here to even delve into it though.


    and you are stating Ohio for location now. You back from South Cock-a-doodle-doo county?

    I'm a g-pa now (1st time). 2 months and growing.

  9. #9
    Join Date
    Jul 2006
    Location
    Ohio
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting jk
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    but the 17 yo was at fault so OP's dad would be able to claim the $500 (if not disallowed for not having the required insurance as I was pondering before...)

    I was not speaking to the 17 yo not being covered, or listed. I simply accepted he was covered under the policy as any occasional driver would be.

    BUT, actually, if the 17 yo was not covered, dad might have a claim but that is another situation that I don't care to expand on for the friendly OP. Aaron spoke of protection from suits granted by virtue of carrying required insurance and if the at fault party did not have required coverage, they might be exposed. Not enough facts here to even delve into it though.


    and you are stating Ohio for location now. You back from South Cock-a-doodle-doo county?

    I'm a g-pa now (1st time). 2 months and growing.
    I'm going to have to look that up. While I'm still licensed in MI, I haven't sold a policy in forever. And, no, I need to change my location to SC. Good catch!

    Congrats grandpa! It's exciting isn't it? Boy or girl?

  10. #10
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    Default Re: Excluded Driver Involved in an Accident, No Fault State

    Quote Quoting moburkes
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    I'm going to have to look that up. While I'm still licensed in MI, I haven't sold a policy in forever. And, no, I need to change my location to SC. Good catch!

    Congrats grandpa! It's exciting isn't it? Boy or girl?
    girl

    just kidding. girl

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