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Auto Insurance Claims/Third Party Claim - Youg Driver Fee Rental Car


My son was rear ended by another 20 year old, both on parents insurance.  Allstate (mine) and Liberty Mutual paid for everything except the car rental Young Driver Fee of $25 per day for 25 days plus tax $716.22.  Allstate says my policy doesn't cover it, even though we are paying for a under 21 driver who is named.  Liberty says they won't cover it because my husband owns the car, even though my son is the sole driver and always has been.  Does this make sense?  What is my recourse? Can I win in small claims?

I don't think you'll be able to win in small claims.  The thing that should have been done is for your husband or you to rent the car and let your son use another vehicle that does not cost $25.00 / day due to the age of the driver.

You have a good argument about your son being the sole driver, but you will have a hard time proving that, and even so, the above remedy I offered is a way to mitigate the $25 young driver penalty.  Mitigation is a term that you should look up if you don't know what it means.  In my opinion, you don't have much chance at righting this wrong.  

I'm sure that's not what you wanted to hear, but I hope it helps you move on past this unfair (in my opinion) situation.  

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Justin Petty


Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.


Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

NASP (National Association of Subrogation Professionals) (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author ( All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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