Legal Question in Insurance Law in California
personal liability of others property?
My son was riding his bike past the neigbors home and lost control..he crashed into their car, parked in their own driveway. There is about $1700.00 in damage,and my homeowners coverage wont pay for it. Can I legally ask them to turn it into their Vehicle insurance carrier, and I'll pay the deductable??...if they refuse, what is my resposibilty?
2 Answers from Attorneys
Re: personal liability of others property?
Did your insurer say "no coverage" or did they say
"this is too much and we won't pay it,but we will
pay a lower, reasonable sum."
Your son is an additional insured under the policy.
There is no reason why this isn't covered. Also,
you are insured for your son's torts under certain
circumstances, and your insurer will cover your
own liability.
Your neighbor should give you a written demand and
you should tender it to your insurer, in writing.
Tell the insurer to respond in writing within 10 days.
See what happens. Don't pay or make a deal with your
neighbor yet, unless you have already received a
written denial of coverage.
Please call me if you would like to discuss this.
Steven Murray
(818) 501-2277
Re: personal liability of others property?
Your homeowners insurance policy should provide coverage for your liability for the damage done by your minor son. You should demand that they give you a written basis for the denial of your claim. Your nieghbor can hold you responsible for the full amount of his damages. If he goes to his insurance company then it may claim against you for the amount it actually pays, but you can not be held for a total greater then the full amount of the damages plus a rental car while the car is being repaired. Your best bet is to insist that your insurance company cover the loss. If you need help in formulating your letter or in drafting a release please contact me at [email protected]
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