does the insurance of the registered owner of the vehicle pay for damages

a Massachusetts 19 year old using his mothers vehicle crashes into a telephone pole and boat yard next to the road and damages my boat being stored at the boatyard. My boat is not insured. Am I correct for assuming the mother’s vehicle insurance picks up the damage since her son crashed her car. He was also arrested for OUI.

Asked on April 4, 2017 under Accident Law, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

If the son was on the mother's insurance policy, he was an authorized driver and the mother's insurance policy will pay for the damage (cost of repairs) to your boat.
If the son was NOT on the mother's insurance policy, he was not an authorized driver and the mother's insurance carrier will deny liability.  If that occurs, your only recourse is to sue the mother and son for negligence.  The mother is liable because she is the registered owner of the vehicle.  The son is liable because he was the driver.  You would file one lawsuit naming both the mother and son as defendants.


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