You are here:
Auto Insurance Claims/liability
Advertisement
Question
My son (not living at home) took my car without permission
and wrecked it before I knew it was missing. The accident
was his fault, but the car is in my name. Am I liable for
damages? Will my insurance cover a family member not on the
policy? (oh, I also discovered his license was suspended)
thank you
Steve
Hello Steve,
This is a question I cannot answer without all the information to your specific situation.
You need to speak to your agent about your concerns.
Technically, you are going to be on the hook for the damage because it is your vehicle. Your insurance company in order to cover may demand you press criminal charges against your son.
The insurance company will be looking for someone to sue for subrogation purposes as well. The insurance company will probably make your son responsible for the damage after they pay for it.
This incident may affect what you pay for insurance and your son will most likely be named as a driver that will not be covered. In the event he takes your car again, then there would be no coverage and you personally would be responsible for any liability due to your son.
The answer given here is just general information. You need to contact your agent and the claims department of your insurance company.
Rob
Related Articles
Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
©2012 About.com, a part of The New York Times Company. All rights reserved.