QUESTION
If insured's minor child is cited for being at fault and DWOL does insurance company have option whether or not to accept liability?
Asked on Dec 26th, 2013 on Automobile Accidents - Washington
More details to this question:
Our vehicle was legally parked and was rear-ended by driver who tried to brake at a red light in snowy conditions & lost control of her vehicle. Luckily no one was in our car and there were no injuries. Driver was a minor and was cited for driving too fast for conditions and DWOL. Their insurance company is saying they may take up to 30 days to decide if they will accept liability. Is this because DWOL is a criminal offense, especially if you're at fault in an accident? If they don't accept liability and we use our insurance company, what recourse do we have for any unpaid expenses? Would we have to take the parents to court? Repair to our vehicle is estimated at $4400, so don't know if that would be small claims court, or criminal court or whether we should consult with an attorney. Would we be able to press criminal charges? (Anyone standing at rear of vehicle would have been killed or seriously injured as car was moved about 30' forward).
1 ANSWER
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If the minor did not have a license she more likely than not was not covered under the terms of her parents policy. If this is the case, the insurance company does not have to accept liability. If you have uninsured motorist coverage, your insurance company should take care of all your damages.
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Answered on Dec 29th, 2013 at 6:04 PM