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What does it mean when they say you hit by an excluded driver?  The defendant’s insurance tells you that the driver was not covered. But that does not mean that there is no insurance.

Texas law requires that drivers have minimum levels of liability insurance.  If you are caught driving without insurance, you will be ticketed at $350 dollars for the first offense. Subsequent offenses up to a $1,000. Finally, if a driver is found to be at fault for an accident, you can get a judgment against them. As a result, they can lose their driver’s license until the obligation is resolved.

General Rule

The person who took out the insurance policy is covered under the policy.  In most Texas policies there is an omnibus clause which automatically covers anyone who could be held liable for your negligence or the negligence of a permissive user. That is, it covers anyone who is vicariously liable for negligence committed by the named insured or an authorized driver. 

Named Driver Policy

The Texas Insurance Code provides that a “named driver policy” is an insurance policy that does not extend coverage to anyone living in a named insured’s household specifically unless the person is named on the policy.

Most of these policies have been found to be improper.  If you are dealing with a policy that says that it only covers the actual people named in the policy, talk to your attorney to deal with the denial.

Named Exclusions

Some insurance policies come with a “named driver exclusion.” It states that one or more individuals in your household may not operate the insured vehicle. If an excluded individual drives the car and gets into an accident, the insurance company doesn’t have to pay for the damage.

But the driver may have another policy that would cover them.  If not, we will need to look at the options such as pursuing your UIM policy.

Conclusion

If you have been told that you were hit by an excluded driver, do not accept that information at face value.  There may be problems with the policy, other insurance policies, or avenues to compensate you for your damages.