Corpus Christi, TX asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Texas

Q: IF AN INSURANCE COMPANY ADDED AN "EXCLUDED DRIVER" TO SOMEONE'S POLICY.. WITH THE WRONG NAME, BIRTH DATE, & RELATIONSHIP

WHO WOULD BE AT FAULT? THE "EXCLUDED DRIVER" WAS NEVER MEANT TO BE ADDED.. BUT ONLY GIVEN A QUOTE OF AN ADDED DRIVER, WITH NO RELATION TO THE INSURED DRIVER. A FRIEND ADDING A FRIEND BASICALLY. THE INSURED DRIVER HAS BEEN NOTIFIED TO SEND "PROOF" OF THE WRONGFULLY ADDED EXCLUDED DRIVER. THE INSURANCE COMPANY IS NOW PULLING OUT OF THEIR END OF THINGS, AS FAR AS PICKING UP THE INSURED DRIVERS CAR FROM THE LOT & PAYING X AMOUNT OF DAYS BEING THERE.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If the excluded driver wasn't driving they can't get all technical when the crash happens. Makes sense to talk to a member of the Texas Trial Lawyers who handles bad faith. In the meantime, confirm what they are doing--that they agree the car was driven by the person who had the policy; that it was paid as of date of crash; that it is a coverable event; that they are chosing not to cover it. Then send them a confirming letter. Then go to the office of consumer affairs of the insurance commissioner.

If they claim they can't do anything then raise heck with your state legislators. You want them to smack down insurance companies! But on the towing need to think fast as its' running like the meter from heck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.