What if I Was Injured by an Excluded Driver in Louisiana?

Car insurance policies in Louisiana often include something called an “excluded driver.” This means the insurance company and the policyholder agreed that a specific person is not covered under that insurance policy. If that excluded person drives the vehicle and causes a crash, the insurance company does not have to pay for the damage or injuries.

So what happens if you are injured in an accident caused by an excluded driver? Talking with an experienced Louisiana car accident lawyer can help you understand your rights and options. Let’s break it down.

What Does “Excluded Driver” Mean in Louisiana?

When someone is listed as an excluded driver, it usually means the insurance company refused to cover them because of past tickets, accidents, or other risks. By signing the exclusion, the car owner promised that this person would not drive the insured car. If the excluded driver still gets behind the wheel, the policy does not apply to them.

According to Louisiana Revised Statutes § 22:1295.1, the insurance company has no liability for bodily injury, loss, or damage caused by an excluded driver. In other words, if you are hurt, the insurer does not have to pay under that policy.

What Are Your Options if You’re Injured by an Excluded Driver?

If an excluded driver causes an accident, their insurance will not pay. This can leave injured people, including passengers or other drivers, in a tough spot. Here are a few possibilities:

• Your own uninsured or underinsured motorist (UM or UIM) coverage may help. If you purchased UM coverage, your insurance can step in to cover your medical bills, lost wages, and other losses when the at-fault driver has no coverage.
• You may be able to sue the excluded driver personally. The driver can still be held legally responsible, but if they do not have assets or another source of insurance, recovering money may be difficult.
• Other at-fault parties may be responsible. If another driver or factor contributed to the crash, you may be able to pursue compensation through their insurance policy.
• The vehicle owner may have responsibility. In rare cases, the vehicle owner could be pursued if they allowed the excluded driver to use the car or were otherwise negligent.
• Other insurance policies could apply. In some cases, another policy, such as your own collision coverage, might cover your vehicle repairs, though you may have to pay a deductible.

What Should You Do After an Accident with an Excluded Driver?

After an accident with an excluded driver, it’s important to take action right away:

• Contact an attorney. An experienced Louisiana personal injury lawyer can review the policy, determine if the driver was truly excluded, explain how “No Pay, No Play” may apply, and identify every possible source of compensation.
• File a police report. If you haven’t already, make sure the accident is officially documented. This report can be key evidence in your case.
• Gather evidence. Keep copies of your medical records, therapy bills, pay stubs, and any documentation of lost income or ongoing care needs.

Why Is Legal Help So Important in Excluded Driver Cases?

Excluded driver accidents create confusing insurance battles. Insurance companies often deny claims right away, which leaves injured people unsure of their next step. Having a Louisiana car accident lawyer on your side can make a major difference. A lawyer can review all possible insurance options, help you file claims correctly, and work to make sure you are not left paying the price for someone else’s reckless decision to drive without coverage.

What’s the Bottom Line?

If you were hurt by an excluded driver in Louisiana, the situation is complicated, but you still have options. Do not give up on your claim without talking to an experienced attorney first.

Loyd J. Bourgeois, Injury & Accident Lawyer guides people through difficult insurance situations every day. Call us at 985-240-9773 to learn how we can help you move forward.