All insurance companies will require that everyone in your household is accounted for in your insurance policy. Household members who do not drive the car must be added to the list of excluded drivers in the policy.

Since your stepdad was excluded from your mom's insurance policy, her policy will not cover your stepdad. In most states, the responsible party (the person driving) would be responsible for their actions, but you should seek legal counsel for clarification.

Furthermore, if there was a police report filed, your step dad could face additional charges such as; driving without a license, and driving without insurance. If you choose to go to court, you should seek legal counsel.

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