If you told the insurer that your son was not a permissive user of the car at the time of the accident then no insurance coverage is provided under the contract. Your son is on his own to pay the damages.
Many people indicate (when a family member is in an accident) that the driver was driving the family car with permission of the family.
Our personal injury department has litigated both sides of this issue.The issue of course is was your son an excluded driver? Did he have permission to drive the car? We just defended a Chinese restaurant owner on this exact issue in Howard County Maryland (Columbia) and prevailed on his behalf.
Well, the first thing you should have done is speak to a lawyer before speaking to the insurance carrier. Now, speak to a lawyer before anything further.
No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.
Do not post any more details about this online. Contact a local attorney to advise you before speaking with your insurance company again.
Benjamin Andrews is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.
If your son is specifically excluded from driving the car, it is unlikely your insurer will have a duty to pay for damages caused by his driving. This is also supported by the fact that he was driving without your permission. Whether or not you can be held liable for your son's accident will be fact dependent. If he has had permission in the past as a general rule, it might make it fair to assume that he had permission in this instance unless he was specifically told not to drive the car on this occasion or, as a general rule, in the recent past.
The owner of the other car and its passengers (if any) and the owner of any property that was damaged as a result of the accident will have a claim against your son (and possibly you) if he was at fault for the accident. Any claim against you or your son should be handed over to the insurer to pay or defend regardless of any denial as they may be exposing themselves to a Bad Faith claim for their failure to provider coverage if they are wrong.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
Call your agent and see if he/she will get you your declarations ("dec") page and a copy of your policy. If your son is not specifically excluded or if the type of incident is not specifically excluded from coverage then your car should be covered up to the cost of replacing it.
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