What to do if my son is a student driver and he got into an accident with me in the car?

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What to do if my son is a student driver and he got into an accident with me in the car?

I filed a claim with my insurer but they refused to cover the claim because they listed him as an exclusion on my policy 10 years ago when he was 12 years old. My response to them that at 12 years of age he can not drive a car and he should not even be considered. They also included my 9 year old son at the time as excluded. Now I am forced to pay for my own repairs plus $8,000 to the other drivers insurance. Can you list children on a car insurance policy?

Asked on May 8, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Not only can you list children on your policy, but you have to do so if/when they start driving, if they reside at your home. Once you have another driver, including a student driver, you are obligated to update the information to the insurer; if you not, they may be able to deny coverage, as they did here. If you did not inform your insurer you had a student driver, then they may not have to cover him.


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