Legal Question in Insurance Law in New York

Re: Accident when my son was driving

I assume that when you say your son is not covered, you mean that you never disclosed him as an operator when you applied for/renewed the coverage. In fact, the car is covered, though the carrier might disclaim because of the failure to inform of the new operator.

Ask yourself, first, whether your son was residing in your household when you last applied for coverage or renewed the policy. If not, then you did not lie on the application and there does not seem to be a downside. On the other hand, if you should have disclosed him, then be aware that the uptick in your rates from moving to the assigned risk pool could easily be more than $2,000 ($2500 loss minus $500 deductible). (The carrier might allow the claim and then backcharge you for the increased premium, making it a wash.

If you have a broker (a real broker, one who works for you and not for the insurance company; Allstate and State Farm, for example, do not go thru brokers, but thru agents who work for them and not for you) then ask your broker for advice. Ask whether the policy required you to update the list of drivers during the policy period, or if you were "safe" until renewal time.