Auto Insurance Claims/ins. ?

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Expert: - 4/18/2011


Question
we have two adult sons 21 and 22.           who live away from home and work part time and attend school. We pay for1/2 of their books and tuition only our ins co says we need to have them on our policy or can be held liable if there is an auto accident. Neither is currently insured.

Answer
Hello,

I only have the limited information you have presented, but I can understand the insurance company's concern on liability. If they are driving your car whether it is a couple blocks to the store or back to school, they need to be covered because if not and say one of those kids has an accident (doesn't matter if they are at fault or not), it sounds like there would be no coverage which could get you stuck with the liability and I don't think you want that.
I have seen these situations play out before and it never turns out good for the owner of the car.

I assume the kids don't have vehicles because 49 states out of 50 require all driver's to have minimum liability coverage.

As much as you don't want to pay for naming them as insureds, its just covering your butt because no matter how good of drivers they may be, there is the rest of the world you need to look at.

These are additional risks the insurance company is taking on and you have been politely put on notice that in the event they are driving, without adding them to your policy, there will be no coverage.

Good luck!

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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.

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