Will Insurance still pay for damages

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Will Insurance still pay for damages

My son’s car is insured with full coverage but
the car is registered to my daughter. She no
longer drives the car and my son is the sole
driver since my daughter bought a new car and
has her own insurance. My son just got into an
accident. Will the insurance pay for the repairs
of his car? The other parties car? regardless
who is at fault.

Asked on April 21, 2017 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your son was at fault in the accident, your daughter is liable for the accident because she is the registered owner of the vehicle even though she wasn't present when the accident occurred.
If your son was at fault in the accident and is included on the insurance policy, the insurance company will pay for the cost of repairs (property damage) to the vehicle that was not at fault in the accident.
If your son was at fault in the accident and is not included on the insurance policy, the insurance company will regard him as an unauthorized driver and will deny the claim from the other vehicle (party not at fault in the accident). The other driver (not at fault in the accident) will then sue your son, daughter (the registered owner of the vehicle) and you (if your children are minors) for negligence to obtain compensation for the cost of repairs (property damage) to his/her vehicle.
If your son was not at fault in the accident, your daughter, the registered owner of the vehicle, can file a property damage claim with the at-fault party's insurance carrier.


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