Auto Insurance Claims: Im being sued, domestic partner, police report

Question
After I got a new truck about a month later I got insurance for it but only i was on the policy and I had to sign a statement from the insurance company stating that my domestic partner was excluded from the policy. One day he had to run an errand used the truck and got in a car accident. The lady made a sudden stop and he hit her. She did not want to file a police report since she had just gotten in another car accident a couple of days earlier and did not want to go through insurance so they just exchange info. Two weeks later my domestic partner was arrested and was incarcerated for two years (not related to this incident) so nothing was ever done about the accident. I just went and got the truck repaired and moved on. Now almost three years later her insurance is suing me and him. They never try to get a hold of me and he was incarcerated. Can she do this not want to file a police report and months later contact her insurance? My domestic partner try to make a payment plan with them but they did not want it. Also I no longer have this insurance can I still contact them to help me out with the sue and can we counter claim her as well since part of the accident was her fault? Her insurance paid her $4065 and now that is what they are suing us for. Also do they have to try to contact me before suing me?

Answer
Hi Nayeli,

Yes they can do this. Your partner will be considered to be 100% at fault. Anytime you hit someone in the rear you are at fault regardless of what the person in front of you does.

Unfortunately, you are in a bad position. The reason you and your partner are being sued is because he was the driver whose negligence caused the accident and you are the owner of the vehicle. They are suing you as a means to bring in your insurance coverage. However, your insurance company will lilely not assist you at all in this case because you allowed an excluded driver to drive your vehicle. When you exclude someone from coverage, it means that there is no coverage if you allow that person to drive the vehicle. Its as if you had no insurance at all.

That having been said, you may want to report this to your insurance company at the time of the accident, because in some states the exclusion only applies to the damage to your vehicle but they will still pay for the damage to the other persons vehicle.

I hope this helps
Richard Hixenbaugh