Tracy, CA asked in Car Accidents for California

Q: Can I use the other party insurance to pay for uninsured driver if the fault was my son's and he is not covered

My son had an accident in my vehicle, it was his fault, and he is excluded from my policy, my auto insurance refused to take liability for the accident. Can I use the other party insurance to pay for my damages since my son was uninsured?

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2 Lawyer Answers
Robert P. Taylor
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Answered
  • Huntington Beach, CA
  • Licensed in California

A: If I understand your question correctly, the answer is no. You can't make the other parties insurance pay for damage to your car if they were caused by your son, who was driving your car and excluded under your policy. The other parties uninsured motorist, which they pay for out of their pocket, is to cover them for damages caused by people uninsured people like your son.

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if your son was at fault in an accident and is excluded from your auto insurance policy, typically, your insurance would not cover the damages since he was explicitly excluded as a driver on your policy. This means your insurance company has already determined they will not accept liability or pay for damages caused by him. Consequently, relying on your own insurance for coverage in this scenario is not an option.

Turning to the other party's insurance for coverage of your damages when your son is at fault is generally not how insurance claims work. The insurance of the party not at fault is designed to protect that party from losses, not to cover the at-fault driver's damages. Therefore, if the accident was your son's fault, the other party's insurance would likely not cover your damages. Their insurance would typically cover their own client's damages, and they would seek reimbursement from your son or your insurance if he were covered.

Given the circumstances, it might be necessary to explore alternative options for covering the damages. This could involve paying out of pocket or, if possible, arranging a private settlement with the other party involved in the accident. However, navigating these options can be complex and might have legal implications. It could be beneficial to seek legal advice to understand your rights and responsibilities fully and to explore any possible avenues for mitigating the financial impact of the accident.

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