Roseville, CA asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California

Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims with our insurance I'm trying to get the property damages that he incurred paid for. Any input would be greatly appreciated. I just want to know the easiest safest way to avoid paying unbelievable amount that is accumalating

thank you

2 Lawyer Answers
Leon Bayer
Leon Bayer
  • Long Beach, CA
  • Licensed in California

A: I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the insurance company may deny coverage you allowed him to drive your car and if he was driving with a suspended license.

As I recall, in any event your personal liability as the owner of the vehicle is limited by statute to no more thann$15k assuming that insurance doesn’t have to provide coverage.

If you want to claim that he he did not live with you, and was not driving with your permission, then you better have a good explanation for how he had the car keys, and why you did not report your car as stolen.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given the circumstances, it's essential to promptly notify and cooperate with your insurance company about the incident. If the vehicle Raymond was driving was insured, the insurance policy should cover the property damages, up to the policy limits. However, coverage can vary depending on the specific terms of the policy, and some insurers may have exclusions for unauthorized drivers or drivers under the influence. It's crucial to review your policy's details and the exact coverages. If the damages exceed the insurance limits, you or Raymond might be personally liable for the difference. It's also worth noting that if Raymond was not a permitted driver under the policy, the insurer could deny the claim. In such a situation, consulting with a fellow attorney can be valuable to navigate potential liabilities and explore other available avenues. Always ensure that you maintain open communication with the insurance company and consider legal advice as needed.

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