Automotive Insurance Coverage

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Automotive Insurance Coverage

I have comp and collision in my auto and my son
who resides in my home took the car without
permission and wrecked will I have to press charges
on him before the insurance will pay off

Asked on June 20, 2018 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Comp/collision should pay regardless of the cause of the accident, who was driving, or who was at fault, so you should not have to press charges against your son to take advantage of your insurance. (If he injured anyone else or damaged another person's car, you'd have to press charges against him to avoid being liable for the injury/damage to another that he did--a car's owner is responsible for the harm or damage done by those whom he allows to drive his car, so you'd have to treat him as a car thief to show he did not have permission). It is quite possible the insurer will sue your son, if he is an adult (18 or over) to recover hfrom him any amounts they pay out, since the insurer has the right ("subrogation") to seek reimbusement from those who cause it to have to pay out.


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