Question

If my husband is excluded from his sister's policy, is he still covered as a passenger?

My husband was an excluded driver on his sister policy. When he was riding with her, they were in an accident. Both sustained injuries. But, his injuries were more severe in the accident, with broken bones. The at-fault driver has a limited policy that has reimbursed the sister for damages to the vehicle. But my husband's medical expenses are higher than the at-fault driver's policy limit. The sister, I believe, has uninsured motorist insurance. Will this cover him even though he is excluded? 

Sep 25, 2019 Memphis, TN

Answer
Ross Martin

Sep 25, 2019

Sorry to hear about your situation. The big question here is this: who was driving the car? If your husband's sister was driving, then he would be covered under her uninsured/underinsured motorist coverage (if she does indeed have it).

However, if an excluded driver was behind the wheel at the time of an accident, I'm sorry to say that there is no way that her insurance will cover it. That's the unfortunate thing about driver exclusions: there is really no wiggle room, not even in the case of an emergency. 

The glimmer of hope is that you were not at fault. The at-fault driver is always responsible for damages. If your sister-in-law was already compensated for her vehicle, the at-fault driver's liability should still be able to go toward your husband's injuries, as liability limits are most often split between bodily injury and property damage. This isn't always the case, however, as some policies have a combined limit to cover both physical injuries and property damage. 

Contact the at-fault driver's insurance company to see how to proceed. If the at-fault driver's limits have already been reached, and you can't find any help through your sister-in-law's policy, you may consider hiring a lawyer. They could possibly help you get compensation from the at-fault driver. 


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