What Is an Excluded Driver in Georgia?
Short answer: An excluded driver is a person a car insurance policy specifically names as not covered. If that person drives the car and causes a crash, the policy generally will not pay, so the injured person often has to look to other coverage, such as their own UM.
Definition
Insurers often ask a household to exclude a higher-risk member, such as a young driver or someone with a poor record, instead of raising the premium or canceling the policy. The policyholder signs a named driver exclusion. It is different from a driver who is simply not listed, who may still be covered depending on the policy wording.
How it works in Georgia
- Liability coverage: Georgia appellate courts have generally enforced named driver exclusions, treating the car as if it had no policy when the excluded person drives. Courts have refused to enforce some other exclusions up to the minimum limits when an innocent victim would be left with no coverage at all.
- Your own UM coverage: a vehicle whose liability insurer has legally denied coverage is treated as uninsured under Georgia’s UM statute (O.C.G.A. § 33-7-11).
- The excluded driver’s own UM: whether an excluded person can still make a UM claim under the household policy can depend on the policy wording and whether UM coverage was rejected in writing, so have the policy reviewed.
Example
A father’s policy excludes his 19-year-old son. The son borrows the car anyway and hits you in Lawrenceville, and the insurer denies the claim under the exclusion. You may be able to turn to your own UM coverage and pursue the son, and possibly the owner, directly.
Why it matters for your claim
- If an excluded driver hit you, your own UM coverage may be the main source of payment.
- If you signed an exclusion for someone in your household, letting that person drive can leave you personally exposed.
Read more: Borrowed car accidents in Georgia: who pays when the at-fault driver is not the owner.
Related terms
Frequently Asked Questions
Is an excluded driver the same as an uninsured driver?
They can end up in a similar place. If the excluded driver has no insurance of their own, your UM coverage may apply. If the driver has their own policy, that policy may cover the crash.
Does the exclusion protect the excluded driver from a lawsuit?
No. It only limits what the policy pays. The driver can still be sued and held personally responsible, and an owner who lends the car may face claims such as negligent entrustment.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we recover for you.
This is general information about Georgia law, not legal advice for your situation.
