Will my insurance cover the loss of my car If my son was driving it without either permission or a valid license and wrecked it?

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Will my insurance cover the loss of my car If my son was driving it without either permission or a valid license and wrecked it?

I view this as an auto theft. I have contacted my insurance agent but have not heard anything yet. My son hit his head and does not remember taking the vehicle; he actually has no recollection of the whole incident/accident.

Asked on August 1, 2011 Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your son took your car without your permission, it *may* be that the insurance will cover the loss, though you may have to report your son to the police as having stolen the car in order to establish sufficiently conclusively that he did not have your permission. (If he did have your permission, then allowing an unlicensed driver to drive will almost certainly void your coverage.) You can't have matters both ways--you can't claim that your son "stole" the car to the insurer, to have the loss covered, without treating it as a theft in other ways. Alot also depends on the specific language of the policy, your son's age, and other elements specific to this situation. You should take the policy and consult with an attorney who can evalute policy language and the facts in detail for you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your son took your car without your permission, it *may* be that the insurance will cover the loss, though you may have to report your son to the police as having stolen the car in order to establish sufficiently conclusively that he did not have your permission. (If he did have your permission, then allowing an unlicensed driver to drive will almost certainly void your coverage.) You can't have matters both ways--you can't claim that your son "stole" the car to the insurer, to have the loss covered, without treating it as a theft in other ways. Alot also depends on the specific language of the policy, your son's age, and other elements specific to this situation. You should take the policy and consult with an attorney who can evalute policy language and the facts in detail for you.


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