Legal Question in Insurance Law in California

insurance coverage and liability

Paid insurance for years and the first time I made a claim and it's ''denied'' I have a 17 yr. old son with a learner's permit and ''stole the key from his Mom's purse and got into an accident. He was hit by an 18 wheeler on the side behind the driver's side. The vehicle is totaled. Good thing he's OK. Insured driver signed an exclusion on the policy with the minor as one of the excluded drivers. The point is, isn't it the vehicle that's really insured and not the driver? Besides, isn't the vehicle considered stolen? What about the other driver/vehicle, any liability?


Asked on 12/21/07, 7:00 pm

1 Answer from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: insurance coverage and liability

Insurance covers a described or equivalent vehicle and a defined class of drivers. You need both for coverage to apply. A named insured exclusion will negate application of the policy.

That said, if the accident was the other [truck] driver's fault, his insurer has liability for the damages caused, and you can pursue your claim against that insurer.

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Answered on 12/27/07, 12:56 am


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