What Happens If I Am Hurt in a Crash Caused by an Excluded Driver?

excluded driver operating insured vehicleSometimes an insurance company or policyholder may request to exclude a driver from an auto insurance policy. This is often done by insurance companies to prevent risky drivers from operating insured vehicles or by policyholders in order to save themselves money on their auto insurance.

But what happens if an excluded driver causes a crash? Injured crash victims have many rights, including the right to seek damages for the losses suffered due to another party’s negligence.

An auto accident lawyer in Windsor is ready to protect your rights while helping you receive the maximum compensation for your injuries. We have recovered $300 million in settlements and verdicts on behalf of our clients. The initial consultation comes at no risk, cost or obligation to you.

Call (866) 320-4770 for legal help today.   

What Exactly is an Excluded Driver?

An excluded driver is someone a policyholder asks his or her auto insurance provider not to cover. Generally, it is someone listed on a policy that is considered a risky driver. Examples may include:

  • Individuals with poor driving records
  • Irresponsible drivers
  • Drivers on a suspended licence
  • Individuals ticketed for speeding
  • Drivers with a DUI or drug-related conviction
  • Inexperienced drivers

Parents or guardians may also decide to exclude a teen driver if they do not intend to allow driving privileges. Once a driver is removed from a policy, he or she cannot drive the insured’s vehicle and will not be covered by the policyholder’s insurance company.

Excluding a Driver From an Auto Policy

When purchasing or renewing auto insurance coverage, a policyholder can request the execution of an Excluded Driver Endorsement. This is otherwise known as the Ontario Policy Change Form (OPCF) 28A.

The owner of the insured vehicle and the excluded driver is required to sign this form. In doing so, they both agree that the excluded driver cannot drive the insured vehicle under any circumstances.

The form specifically states that if the excluded driver is caught or found operating the vehicle:

  • The policy will not provide coverage for the vehicle as required by law
  • The policy will not cover damages or injuries caused by the excluded driver
  • The owner of the vehicle and the excluded driver may be held personally liable for any damages or injuries caused to others
  • The insurance company has the right to cancel or refuse to renew the policy

The excluded driver will also not be able to receive coverage for most accident benefits. However, the insurance company will cover an excluded driver if he or she was injured as a passenger in the policyholder’s vehicle. The excluded driver may be able to access accident benefits under that policy.

Knowing what is covered and not covered in an auto insurance policy is important. With appropriate coverage, policyholders can avoid having to pay out-of-pocket costs for crash-related damages.

Our lawyers are well-versed in the insurance requirements and endorsements available for Ontario policyholders. It costs nothing to learn more about your rights during a free legal consultation.

Compensation for Injured Crash Victims

If an excluded driver has caused a crash, he or she will be regarded as an uninsured driver. This can be worrisome for crash victims looking to pursue compensation for their injuries.

You may be able to use your uninsured motorist (UM) coverage to help pay for damages. This will require you to make a claim against your own insurer. UM coverage is mandatory under Ontario law. The minimum limit is $200,000, which may or may not be sufficient based on the type of crash and damages suffered.

There is also the option to take legal action against the excluded driver and/or the owner of the insured vehicle. However, seeking damages from a liable party’s personal assets can be very challenging. In crashes involving excluded drivers, getting help from an experienced lawyer can prove beneficial.

Years of Experience Handling Accident Claims

Greg Monforton and Partners have helped many injured crash victims obtain compensation to cover medical expenses, vehicle repairs, lost wages, and pain and suffering, among other damages.

We are available to discuss the legal options available to you in a free case evaluation. This initial meeting comes with no obligation to hire our firm, but if you decide to, there are zero upfront fees.

Legal Help You Can Trust. Ph: (866) 320-4770