Can I sue my auto insurance?

UPDATED: Oct 1, 2022

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Can I sue my auto insurance?

The broker failed to list my 16 year old as an
excluded driver on my policy and my husband
was just in an accident and the insurance
doesnt want to pay on the claim. Is there
anything that can be done?

Asked on December 26, 2018 under Insurance Law, California


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

Answered 3 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable insurance broker would have exercised under the same or similar circumstances to prevent foreseeable harm).
If your son had been at fault in an auto accident and your insurance company denied liability because he was not included on your policy, you would have a case for negligence against the broker because there would be property damage and perhaps personal injury claims.
Damages (monetary compensation) must be specific not speculative in order to have a viable lawsuit. At this time, damages against the broker and the insurance company are speculative.
It would be advisable to contact the CA insurance commissioner and file a complaint regarding the broker and your insurance company.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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