Can a policy holder refuse to be secondary insurance on a totaled car?

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Can a policy holder refuse to be secondary insurance on a totaled car?

Someone with full coverage was driving my car and totaled it. His parents are the policy holders. I only have liability, his parents are refusing to be the secondary insurance in the accident. Do I have any options in order to get a settlement from my vehicle?

Asked on September 11, 2012 under Accident Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

Since you are the registered owner of the vehicle, you would be liable for the accident even though you weren't driving the car at the time.  You can sue the driver and his parents for negligence to recover damages (monetary compensation) for the loss of your car.


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