Legal Question in Insurance Law in California

husband in accident 'exempt' from insurance policy

my husband was in a car accident (in my car) that was his fault. he is 'exempt' from my policy. the woman he hit has the same insurance company as i do. she also has uninsured motorist coverage. the insurance company is telling me that since it's his fault, nothing is covered. i understand this and do not expect them to pay for my car. but now they tell me i have to pay $9000 for the damage to her car.

is this right? if she's insured for this type of accident, shouldn't they cover her?

thank you in advance.


Asked on 12/15/05, 8:33 pm

3 Answers from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: husband in accident 'exempt' from insurance policy

If your husband was an excluded driver on your policy, you need to see an attorney. There may be some coverage for you as an owner that may protect you but not your husband depending on how your husband took posession of your car to drive it. Call an attorney who handles coverage issues in your area and take your policy including all information about your husband being an excluded driver and get some advice on the facts.

Also, be sure you don't expose yourself to this kind of loss by giving permission to an excluded driver to drive your car.

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Answered on 12/21/05, 4:58 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: husband in accident 'exempt' from insurance policy

I am not sure what you mean by your husband being "exempt" from your policy, but I will assume that you mean he wasn't an authorized drive on your policy.

When an insurance carrier pays a policy holder for damages caused by another party, the carrier has subrogation rights. This means they can sue the person who caused the damage for reimbursement. Even if the other woman is covered, the carrier can still come after you once they settle with their policy holder.

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Answered on 12/21/05, 3:29 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: husband in accident 'exempt' from insurance policy

A party who is at fault for an accident is liable for the damages sustained.

An insurance company, uninsured motorist or otherwise, that pays for damages sustained by its own insured may seek reimbursement from liable third parties.

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Answered on 12/21/05, 3:34 pm


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