My homeowners insurance told me they would deny the claim because of my sons age, and that his age is what makes me not legally liable for the damage.
Is this true? I dont have a problem with paying for the damage but the lady is being very greedy and demanding. I live paycheck to paycheck and this would take me months to pay back? Would I be wrong in asking her to file a claim on her insurance so that I can just pay the deductable that is, if it where cheaper that way? If she gets her car fixed and pays out of pocket do I have the right to ask for the receipt before I pay anything to her?
Peter Robert StonePersonal Injury LawyerCitrus Heights, CA ·
I'm a California attorney, but in most states you are not liable for the wrongs of your children. Your homeowners insurance will defend you. Confirm with them they will defend the case, if they say yes then just forget about it and let your son worry about it. Your son however is liable, but again you need to write to your homeowners insurance and tell them to protect your son as well.
Contact a local attorney to discuss how to protect your rights and force your carrier to take care of you.
I am an Oregon attorney, and have several answers for you.
1 - Your homeowner's insurance almost certainly (I write "almost" because you'd have to read the policy to be sure, but every policy I've read is like this) covers your family members who live with you.
2 - Your son is liable and, like I wrote above, your homeowner's policy should cover this.
3 - If your homeowner's policy should indeed cover this, but they refuse to cover it, you can sue your own insurance company (or threaten to), and if you won, they would have to pay your attorney fees. (ORS 742.061)
4 - ORS 30.765 makes you personally liable for your child's act if it was "intentional or reckless." Whether this qualifies depends on the circumstances. The maximum liability here is $7,500.
5 - If her insurance pays for the damage, and you reimburse her for her deductible, her insurance company will have the right to sue for the amount they paid out. They probably won't, but legally, they have that right, and sometimes they do.
6 - You absolutely have the right to ask for the receipt! However, she has the right to sue you and your son. So the two of you should probably talk about your rights and try to negotiate something that will work for both of you.
7 - Back to your homeowner's policy. They really ought to cover all of this. You'll have a deductible to deal with, but they should provide an attorney to you, and you should not have to think about it much after that. If your insurance says they won't cover it, take a good look at the policy itself. I'll bet it covers all family members living in the home. Then ask for a supervisor and tell them about ORS 742.061.
