Attorney Brian White Personal Injury Lawyers | April 2, 2025 | Car Accidents
Auto insurance policies have many terms and conditions. One important part is excluded drivers. An excluded driver is a person named in an insurance policy. They are not covered when driving the insured vehicle. It’s important for vehicle owners in Texas to understand what this designation means. It can greatly affect liability and financial protection if an accident happens.
What Does It Mean To Be an Excluded Driver?
If a driver is excluded from an insurance policy, the insurer won’t cover damages or injuries if that driver uses the insured vehicle. This exclusion is usually formalized in writing and agreed upon by the policyholder and the insurance company. Common reasons why a driver may be excluded include:
- High-risk driving history: If a person has many traffic violations, accidents, or DUI convictions, the insurance company may exclude them to lower risk.
- Financial reasons: Excluding a driver with a poor driving record can help lower the overall insurance premium.
- Teen or inexperienced drivers: Some policyholders leave out young drivers. They do this to avoid higher premiums when insuring them.
Once a driver is formally excluded, they cannot legally drive the insured vehicle without consequences.
Consequences of Allowing an Excluded Driver to Operate a Vehicle
Letting an excluded driver use an insured vehicle can lead to serious legal and financial problems. Potential consequences include:
- Financial liability: The policyholder might need to pay for medical bills, car repairs, and other damages themselves.
- Legal penalties: Driving without valid insurance can result in fines, license suspension, or other legal issues in Texas.
- Higher insurance costs: If an insurance company finds out that an excluded driver used the vehicle, they might raise premiums, cancel the policy, or deny renewal.
If an excluded driver has an accident, the insurance company will usually deny coverage. This means the policyholder must pay for all damages.
Texas Auto Insurance Laws Regarding Excluded Drivers
Texas follows a modified comparative fault system. Under this rule, a driver can recover damages as long as they are less than 51% at fault in an accident. An excluded driver using a vehicle without insurance may be fully responsible for damages. This means they cannot receive any compensation.
Under Texas law, you must file personal injury claims within two years of the accident. If an excluded driver causes an accident and the insurance company denies coverage, the injured party can take legal action. They may sue the driver or the vehicle owner.
When Can an Excluded Driver Be Covered?
There are very few scenarios where an excluded driver might still receive some form of coverage, such as:
- Emergency situations: If an excluded driver has to drive in a real emergency, some insurers might make exceptions. They will look at each case individually.
- Policy endorsement changes: A policyholder can reach out to their insurance provider. They can remove the exclusion by adding the driver back to the policy. However, this may lead to higher premiums.
- Non-owner car insurance: Sometimes, an excluded driver can have a separate non-owner car insurance policy. This policy offers liability coverage when they drive a car they don’t own.
If you’re unsure about your coverage or need to explore your options, speaking with your insurance provider or a qualified attorney can help you understand your rights and responsibilities.
Protecting Yourself from Liability Risks
If you own a vehicle in Texas, follow these steps to keep your insurance valid and avoid legal issues:
- Make exclusions clear: All household members and any potential drivers must know that the excluded person cannot drive the insured vehicle at any time.
- Check your policy often: Look at your auto insurance to see if an excluded driver should stay off or be added back.
- Get extra coverage if needed: If the excluded driver uses a vehicle often, adjust your policy or get separate insurance for them.
Staying informed and cautious ensures your auto insurance remains valid and your assets stay protected.
Understanding Excluded Drivers in Texas
Excluded drivers cannot get insurance coverage. This makes it vital for policyholders to enforce restrictions. Doing so helps them avoid serious financial and legal problems. An excluded driver causing an accident means the policyholder might have to take full responsibility. Their insurance won’t help in this case.
Grasping Texas auto insurance laws and excluded driver policies lets vehicle owners pick the best coverage and liability protection. If you have questions about exclusions or need more help with insurance options, a skilled attorney can assist.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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