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When you're in a car accident in Louisiana, one of the last things you expect is a denied insurance claim. But if the at fault driver regularly drove the owner’s vehicle and was not listed as a driver on the policy, the claim will be denied under the “regular use” exception. At John Michael Morrow Law Firm, we've seen how insurance companies use unlisted driver exclusions to deny valid claims, leaving injured families struggling with medical bills and car repairs they shouldn't have to pay for.
If you're dealing with a denied claim because the other driver wasn't listed on their insurance policy, understanding your rights and options is the first step toward securing the compensation you deserve.
How Insurance Coverage Works in Louisiana
Louisiana follows the principle that insurance generally follows the car, not the driver. This means that when someone drives a vehicle with the owner's permission, the car's insurance policy typically covers any accident that occurs. However, insurance companies often include exclusions in their policies that can limit or eliminate coverage in certain situations.
One common exclusion involves unlisted drivers. Many policies require household members and regular drivers to be specifically named on the policy. When an unlisted driver causes an accident, insurers may try to deny the claim entirely, arguing that the policy never covered that person behind the wheel.
When Insurance Companies Deny Claims for Unlisted Drivers
Insurance companies may deny your claim if the at-fault driver wasn't listed on the policy for several reasons.
These may include:
Household Member Exclusion – The insurer might argue that the driver was a household member who should have been disclosed when the policy was purchased.
Fraud or Misrepresentation – They could claim the policyholder committed fraud or material misrepresentation by failing to list someone who regularly drove the vehicle.
Specific Policy Exclusions – They might point to specific policy language that excludes coverage for certain unlisted drivers.
These denials can happen even when the driver had the owner's permission to use the vehicle. Insurance companies know that many policyholders don't fully understand their coverage requirements, and they often use technical policy language to avoid paying legitimate claims.
Your Options After a Denial
Review the Policy – Start by reading the insurance policy closely. Some policies include permissive use provisions that may cover occasional drivers, even if they aren’t listed. Look for exceptions or conditions that could apply to your situation.
Check Your Uninsured Motorist (UM) Coverage – In Louisiana, insurers must offer UM coverage unless you reject it in writing. If the at-fault driver’s insurer refuses to pay, your UM coverage may cover medical bills, lost wages, and pain and suffering. This coverage is especially important given the number of uninsured and underinsured drivers in the state.
Challenge the Denial (if appropriate) – You may be able to dispute the denial if the insurer knew an unlisted driver regularly used the vehicle but continued accepting premiums. Courts have ruled that insurers can’t take payments while planning to deny coverage when a claim is filed.
Why Legal Help Matters
Insurance companies have entire legal teams dedicated to minimizing the amount they pay out on claims. When they deny coverage based on an unlisted driver exclusion, they're counting on you not knowing your rights or having the resources to fight back. This is where having an experienced personal injury attorney on your side makes all the difference.
At John Michael Morrow Law Firm, we understand Louisiana insurance law and how insurers try to use policy exclusions to avoid paying claims. We can review your policy, investigate the circumstances of your accident, and determine whether the insurance company's denial is valid or if they're acting in bad faith. We know how to gather evidence that supports your claim and how to negotiate with insurance adjusters who are trained to pay as little as possible.
Common Questions We Hear
Many clients ask us whether they can still recover compensation if the at-fault driver wasn't listed on the policy. The answer depends on the specific policy language, Louisiana law, and the circumstances of your case.
Other questions we frequently hear include:
Does it matter if the driver had permission? Permission is important, but it doesn't automatically guarantee coverage if the policy has specific exclusions for unlisted drivers.
How long do I have to file a claim? In Louisiana, you typically have two years from the date of the accident to file a personal injury lawsuit, but insurance claim deadlines are often much shorter.
Can I use my own insurance if theirs denies the claim? Yes, your uninsured motorist coverage may step in when the at-fault driver's insurance refuses to pay.
Taking the Next Step
If your insurance claim has been denied because the at-fault driver wasn't listed on their policy, don't accept that denial without understanding your options. Insurance companies often use technical policy language to avoid paying claims they should cover, and they're counting on you not having the legal knowledge to challenge them effectively.
John Michael Morrow Law Firm has helped families across Louisiana navigate complex insurance disputes and recover the compensation they need after serious accidents. Our team knows how to build strong cases that hold insurance companies accountable for their obligations. We work on a contingency basis, which means you don't pay attorney fees unless we recover compensation for you.
From investigating the accident to working with medical professionals who understand your long-term needs, we're prepared to pursue every available avenue for your recovery.
If you're dealing with a denied insurance claim or have questions about coverage after an accident, call us at (337) 329-8350 or contact us online to schedule a free consultation.