What are my legal requirements when an insured does not want to file insurance claim and it was my son's fault?

My son was asked to drive a friends car with permission from the friend not the parent. He crashed and caused $3000. in damages. My insurance company told me it was the car owners responisbility to file the claim and we offered to pay the deductible. The insured does not want to file a claim because her insurance will be dropped. Her deductible is $750. Are we now responisble to pay $1500 (half of the $3000) or $750? Or could she take us to court for the whole thing?
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Answers (1)

Jason Garrett Epstein

Jason Garrett Epstein

Contributor Level 5
This is actually a very complicated legal situation. The answer will depend on the two insurance policies that are at issue. Yours, and the insurance policy on the car that your son was driving.

In general, the insurance stays with the car. In other words, the insurance on the car would be primary and your insurance would be secondary.

It is hard to answer your question any more, however, because I don't understand some of the details. Did you son only damage the car he was in, or did he cause damage and/or injury to someone else's property as well?

In order to sort through all of the issues, you probably should consult an attorney near you.
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