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Should I get a lawyer and sue my insurance company?

Almost 2 months ago my 12 year old nephew took my car without permission. In the process he wrecked it. My insurance company refuses to pay to repair it stating he was not on my insurance. But who puts a 12 year old on their insurance? Or, gives he/she permission to drive? Following this they sent documentation that attempted to substantuate this. However, one of the clauses specify the age requirement as 14 and up, and that he/she be a resident, neither of which my nephew is. I forwarded this document to the State Insurance Commission, who promptly began to investigate. My insurance company also sent me papers requesting that I sign papers that state my nephew is exempt and threaten to suspend my insurance policy if I didn't. Lately, they resume regular bank draft notices

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The State Insurance Commission claims that it is a matter of a difference of opinion and that they are unable to assist me further with this matter. I am very disappointed with this finding, particurlarly in light of the documents that I forwarded to the commission. Should I get a lawyer and sue or what can or should I do?
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Attorney answers (1)

Reputation Level 10
I would first make a demand and/or file a lawsuit against the parents of the minor child under California Civil Code Section 1714.1. They can then submit the claim to their insurance carriers, Homeowners, Renters and/or Auto insurance. Under that code the parents are liable for up to $25k in damages and the insurance carriers up to $10k. Have the parents of the minor check their respective insurance policies for this type of coverage and/or exclusions.

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