Legal Question in Insurance Law in Missouri

driver exclusions

can a driver be excluded from an automobile insurance policy when he does not reside in the home. my daughter's car was totaled when an excluded driver was driving the car and the insurance won't cover her car but did cover the other vehicle that was involved.


Asked on 2/21/01, 10:00 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: driver exclusions

In order to provide you with any specific advice, an attorney will need more information than your request provides.The legal duties of the company insuring the car which collided with your car are defined by that particular insurance contract. Sometimes it is necessary for an insured to file suit against the company seeking a "Declaratory Judgment" to determine the issue of coverage. If the injured person or person suffering property damage as the result of another driver's negligence sues the other driver, that person may also seek a "Declaratory Judgment" to determine whether or not the insurance company must provide coverage.

Also, the injured party might have a cause of action (lawsuit) against the owner of the other vehicle if the owner knowingly let someone drive who was impaired,was notoriously unsafe, was unlicensed or was underage for example. This is sometimes called "negligent entrustment".

Finally, it occurs to me that you might have a valid claim under the circumstances against your own insurance provider if you have "uninsured motorist" or perhaps even "underinsured motorist" coverage. You should consult with an experienced attorney in your area before taking any further action. Please feel free to call me at 314-727-2822 for a telephone cosnsultation at no charge. You may also visit my web site (http://www.lawyers.com/nacklaw) for more information on my practice. I hope that this has been of some assistance.

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Answered on 4/04/01, 10:49 pm


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