What to doabout a misrepresentation made whenI purchased my auto policy?

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What to doabout a misrepresentation made whenI purchased my auto policy?

I bought my auto policy 10 years ago and at that time I was told that anyone I lent the car to was covered even if they lived with me. Recently, I lent my car to my daughter to take her friend home and they ended up drinking and crashed. She got a DUI and her friend was underage (17). Now my insurance company doesn’t want to pay. I explained that neither the agent or insurance company called either to update my policy. I never signed anything to excludemy daugther from my policy base on the information that was given to me when Iinitailly purchased the policy. Do I have a case against the insurance company?

Asked on April 18, 2011 under Insurance Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The underlying theory of law that I believe that you allude to in your question is known as "permissive use" of a vehicle.  That means that a person to whom you give permission to drive your vehicle is covered under the terms of your insurance policy if they are involved in an accident.  Here is one of the problems: drinking and driving are not generally covered.  That is why the insurance company is disclaiming coverage.  The basis of your action against the insurance company would be what is known as a declaratory judgement action.  You need to seek some legal help in your area.  Bring your policy with you to be read.  I can not see that the insurance company misrepresented anything here but again, the policy needs to be read in conjunction with state law.  Good luck. 


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