Expert: Anne - 9/18/2009

Question
Hi, my son made some...ok many small dents in car body panels while playing in driveway. Is this something that would be covered under the comprehensive coverage part of auto policy?..since it wasn't malicious vandalism..or anything like that.

Answer
Hello David,

well, the damage was intentional (the child hit the car intentionally with an object - no intending to cause damage but to play). The intent is to hit the car... at any rate, you would be interest on the definition of vandalism as it is applied in your policy.

If you have full coverage (collision and comprehensive), there is a chance the insurance company simply cover it without giving you too much hassle (if the damages are not out rages).

Even if the insurance company argues that this was "intentional" or even non "intentional" you can point out that a child (depending on his age) is not capable to form intent.

If this is the case, then the parents (you) are negligent for the supervision of the child. Damages by negligence are covered (they are not intentional, but rather a "mistake" or "accident") as long as you have full coverage. Remember "accidents happen" and failing to supervise a child could also be an accident.

This might be a mind bender, but this could be a good approach.

Good Luck
Anne
http://www.quirogalawoffice.com/