What Happens if an Excluded Driver Gets in an Accident in Texas? 

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Written and Reviewed by Angel Reyes

Published on April 2025

Managing Partner at Angel Reyes & Associates
Over 30 Years of Experience in Personal Injury
Graduated From the University of Michigan Law School: Juris Doctor

Understanding the Risks of Excluded Drivers on Your Insurance Policy 

Anytime you’re involved in a car accident, the experience is incredibly stressful.  

Imagine now that the driver you specifically excluded from your insurance policy gets into an accident while using your vehicle. The anxiety and frustration compound as you struggle to deal with the aftermath of the car accident caused by the excluded driver.  

At Angel Reyes & Associates, we often encounter cases involving excluded drivers in car accidents. It is crucial that you enlist the help of a personal injury lawyer to deal with the implications of what happens if an excluded driver gets in an accident in Texas while using your vehicle. 

What is an Excluded Driver? 

A named driver is someone you expect to use your vehicle and should, therefore, be covered by your policy. 

Whereas an excluded driver is someone you can specify on your insurance policy as someone excluded from your coverage while operating your insured vehicle. Insurance companies tend to offer these driver exclusion options to maintain a lower premium while providing adequate coverage for the primary driver.  

Here are some reasons one might choose an excluded driver policy

  • They have a poor driving record 
  • They are a new/young driver with limited experience 
  • They have been previously convicted of a criminal driving offense 
  • They do not have a valid driver’s license 

If you choose to exclude a driver from your insurance policy, they will not be covered in the event of a car accident while driving your vehicle. That means they are responsible for paying any damages to your car and the other involved parties.  

What Happens if a Driver is Not Listed on Insurance in Texas? 

When an excluded driver is involved in a car accident using your vehicle, the consequences can be severe. Consider the impact on your insurance policy, your vehicle, and more when choosing to exclude a driver from your policy. 

An Excluded Driver’s Impact on Your Insurance Policy 

Chances are, your accident insurance company will likely deny any claims related to the excluded driver accident, leaving both the excluded driver and the vehicle owner potentially responsible for paying all damages and injuries. This means you could be faced with steep out-of-pocket costs for vehicle repairs, medical bills, and any other expenses relating to the car accident.  

Your insurance premiums will likely see an increase as well. Consider including uninsured motorist coverage on your insurance policy for cases like these. This type of insurance covers the costs if the car accident involves an excluded driver. 

Legal Responsibilities for the Excluded Driver and the Vehicle Owner 

According to Texas law, both the excluded driver and the vehicle owner may face serious legal consequences after a car accident.  

While the excluded driver faces personal liability for all property damages and injuries caused by the accident, the vehicle owner may have to deal with some consequences of their own. They can be held liable under the theory of negligent entrustment if they knowingly allowed an excluded driver to operate their vehicle.  

Who Else is Affected by an Accident with an Excluded Driver? 

When a car accident is caused by an excluded driver, innocent third parties may also be affected.  

Even though the excluded driver’s accident insurance policy won’t cover the accident, victims may still have options for recovering the costs they’ve incurred: 

  • File a claim through their own insurance policy 
  • Pursue legal action against the excluded driver  
  • Seek compensation directly from the vehicle owner 

Criminal Consequences for Excluded Drivers 

If you operate a vehicle without proper insurance coverage, you can face serious criminal penalties in Texas, including fines, license suspension, and even jail time. 

The severity of these consequences typically heightens if the car or truck accident results in significant property damage, injuries, or even death.  

The Financial Burden of Getting into an Accident with an Excluded Driver 

The financial burden of a car accident involving an excluded driver can be devastating. Without proper insurance coverage, individuals may face: 

  • Substantial medical bills 
  • Vehicle repair or replacement costs 
  • Legal fees and court costs 
  • Potential wage garnishment 
  • Bankruptcy 

Protecting Yourself After a Car Accident with an Excluded Driver 

The best way to avoid the consequences of a car accident with an excluded driver is to never allow them to operate your vehicle. If you are an excluded driver, you should never drive a vehicle from which you’re excluded.  

However, accidents still happen, and it is best to be prepared. To avoid the pitfalls of excluded driver policies: 

  • Communicate Clearly: Ensure everyone in your household understands who is and is not covered under your insurance policy. 
  • Review Your Policy Regularly: Review your insurance policy occasionally to make sure it reflects your vehicle’s current situation. 
  • Seek Legal Advice from a Skilled Personal Injury Lawyer: If you have questions about your insurance coverage or find yourself filing a personal injury claim with an excluded driver, a personal injury attorney can help guide you through the process.  

Partner With Angel Reyes & Associates to Handle Your Excluded Driver Accident Case 

If you’re involved in a car or truck accident with an excluded driver, whether as the excluded driver, vehicle owner, or victim, having an experienced car accident lawyer on your side is essential.  

With over 30 years of experience handling excluded driver accident cases and a 98% success rate, our incredible team of personal injury lawyers will hold your hand every step of the way.  

We will work tirelessly to ensure you receive maximum compensation for the emotional and physical toll this excluded driver accident has taken on you. Don’t wait, don’t hesitate.  

The compassionate team of attorneys at Angel Reyes & Associates takes a people-first approach, fighting for our valued clients as they face the challenges of complex excluded driver accident issues head-on. Allow us to guide your way by removing the stress from the equation as we handle all communication and negotiation with your accident insurance company on your behalf.  

Contact us today for a free consultation, or stop by one of our offices in Dallas, Fort-Worth, Houston, or Austin so we can discuss your case face-to-face. You’re in good hands with Angel Reyes & Associates. 

No matter who is at fault, you are not alone. 

If you have been injured in a car accident, you need an experienced car accident lawyer specialist to protect your rights against insurance companies dedicated to minimizing your claim and compensation!

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