San Bernardino, CA asked in Car Accidents for California

Q: My wife was hit by a drunk driver in my car. I have full coverage but she is not on the policy. Am I screwed?

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: If she is excluded, then your insurance won't cover the loss. If your wife has her own insurance, it might apply to your property damage, or you would need to make a claim with the drunk driver's insurance, if he has it. Your wife will also be able to pursue a claim for bodily injuries against the drunk driver's insurance, or her own uninsured motorist/underinsured motorist coverage.

Make a claim with your insurer. It will advise you whether the loss is covered. Your wife should consult with a personal injury attorney if she is injured.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Personal Injury Lawyer
  • Fullerton, CA
  • Licensed in California

A: No she has a great case please feel free to contact an attorney. We have experience in this exact type of case.

Prop 213 does not apply to DUI cases. I am assuming she is not excluded from driving and the DUI driver has insurance, if not we can still help.

but she should be added to the policy in the future or if she drives.

Steven M. Sweat
Steven M. Sweat
PREMIUM
Answered
  • Personal Injury Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If she was an excluded driver on your policy, you may not be able to file any claims with your own insurance. If she was injured, she would still have the right to assert a bodily injury claim against the drunk driver or their insurance. You would also have the right to assert a claim for the damage to your car against the drunk driver as well.

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