Ask a Question
or
Create a Poll
  1. Home /
  2. Questions /
  3. Autos & Motorcycles
  4. / Auto And Truck Insurance
  5. / Insurance And Car Accidents

by france19 on October 29th, 2004

france19

Question

Help answer this question below.

My son (a minor) let his friend (another minor) borrow one of our cars, and the friend totalled the car. I only hold liability insurance on the car, and his parents refuse to pay. Legally, should their insurance company pay to replace the car?

Share:
Other

Answers. 3 helpful answers below.

  • by RedJohn on December 3rd, 2005

    RedJohn

    Most likely not. Their automobile insurance policy only covers incidents that happen when their vehicle or a driver covered under the policy is involved in an accident. Neither their vehicle nor a driver insured under their policy was involved in the accident. Not only that, the driver was a minor and was operating the vehicle illegally. The car could be considered as stolen, by your son and/or his friend, if it was taken without your permission or knowledge. Your son had no right to lend the vehicle and is not covered under your policy.

    This is, unfortunately, one of those cases a civil lawsuit was designed for. You will almost certainly be forced to sue. The outcome will be iffy, as your son was involved in the situation. You may only be able to recover part of the value of the vehicle if your son is deemed partly at fault by the court. That will mean no allowance for a very long time, I assume.

    • Like
    • Report

    No comments. Post one | Permalink

  • by Andy Is Wicked Married to Penal Colony on January 16th, 2005

    Andy Is Wicked Married to Penal Colony

    Depends on the laws where you live. Typically, at least in US states, the insurance follows the car and NOT the driver. Then there are no fault states which complicate matters. For the purpose of this answer I will assume what is typical.

    You might try filing a claim with the friend's parents insurance company to recover damages. If they refuse to disclose whom they are insured with a police report might be necessary and the law enforcement officer should collect that info in the report. If an accident report exists, it might be on there. If that doesn't work, you might consider taking the friend's parents to small claims court to recover damages.

    This is a tricky one. Best of luck.

    No comments. Post one | Permalink

  • by Michael Edelman on November 22nd, 2004

    Michael Edelman

    The specific liability of their insurance company depends on the policies they hold and state law; in most states, though, their insurance company would have no liability for a car they do not specifically insure.

    Individual liability is another matter, and one that it might take a court to decide. I suggest you consult a lawyer.

    No comments. Post one | Permalink

Want to attach an image to your answer? Click here.

Did this answer your question? If not, then ask a new question or create a poll.

More Questions. Additional questions in this category.

You're reading My son (a minor) let his friend (another minor) borrow one of our cars, and the friend totalled the car. I only hold liability insurance on the car, and his parents refuse to pay. Legally, should their insurance company pay to replace the car?

Follow us on Facebook!

Related Ads

Related Questions

Professionally Researched

ANSWERBAG BUZZ

Maternity catalogs
Can a minor have liability insurance
Why won t insurance pay for minor damages
Add to auto insurance if you let them borrow car
Sued to replace minor damaged car

Answerbag

a Demand Media company