Can I sue my auto insurance?
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Can I sue my auto insurance?
The broker failed to list my 16 year old as an
excluded driver on my policy and my husband
was just in an accident and the insurance
doesnt want to pay on the claim. Is there
anything that can be done?
Asked on December 26, 2018 under Insurance Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Negligence is the failure to exercise due care (that degree of care that a reasonable insurance broker would have exercised under the same or similar circumstances to prevent foreseeable harm).
If your son had been at fault in an auto accident and your insurance company denied liability because he was not included on your policy, you would have a case for negligence against the broker because there would be property damage and perhaps personal injury claims.
Damages (monetary compensation) must be specific not speculative in order to have a viable lawsuit. At this time, damages against the broker and the insurance company are speculative.
It would be advisable to contact the CA insurance commissioner and file a complaint regarding the broker and your insurance company.
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