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QuestionInsurance Question  I live in Ohio and I was rear ended a week ago. The other driver was cited and was at fault. The owner of the car was the passenger but her husband, who is an excluded driver on her policy, was driving. Is their insurance company still liable for paying for the damages to my car? Also, the police officer obviously didn't know he was excluded, and is essentially an uninsured driver, so the driver was not cited for failure to have insurance. What can I do to get this driver off of the road and penalized for breaking the law?

AnswerAuto Insurance Answer

Unfortunately the wife's insurance will not cover the husband's actions in the vehicle since he was excluded from the policy. The insurance company should have paperwork with the exclusion stating that coverages, liability or otherwise, will not extend to the husband since they decided to specifically exclude him from the policy.

If you have collision coverage on your car you can place a claim through this portion of your policy for the damages to the vehicle. If you do not have collision coverage then you may want to seek legal advice on what steps to take to be compensated by the at-fault party for the costs of the repairs.

Since the at-fault driver was not covered under the insurance information card shown to the police at the scene of the accident you may want to contact law enforcement and make them aware of this and see if the driver can not be cited for driving without insurance coverage specifically on him.

If the police cannot cite him then you may want to see if there is an Ohio financial responsibility unit or like state agency which you could report the driver to. The Bureau of Motor Vehicles may also be of help.

The BMV site states that any driver and/or owner who fails to show proof that financial responsibility was in effect at the time of an accident/offense, will lose his/her driving and registration privileges for a minimum of 90 days. Since the proof of insurance shown did not include coverages for the driver, and in fact specifically excluded him, you may want to contact the BMV to see if this penalty can be enforced on the driver.

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