Auto Insurance Claims: Third Party Claim - Youg Driver Fee Rental Car, Young Driver Fee!

Question
My son was rear ended by another 20 year old, both on parents insurance.  Allstate (mine) and Liberty Mutual paid for everything except the car rental Young Driver Fee of $25 per day for 25 days plus tax $716.22.  Allstate says my policy doesn't cover it, even though we are paying for a under 21 driver who is named.  Liberty says they won't cover it because my husband owns the car, even though my son is the sole driver and always has been.  Does this make sense?  What is my recourse? Can I win in small claims?

Answer
I don't think you'll be able to win in small claims.  The thing that should have been done is for your husband or you to rent the car and let your son use another vehicle that does not cost $25.00 / day due to the age of the driver.

You have a good argument about your son being the sole driver, but you will have a hard time proving that, and even so, the above remedy I offered is a way to mitigate the $25 young driver penalty.  Mitigation is a term that you should look up if you don't know what it means.  In my opinion, you don't have much chance at righting this wrong.  

I'm sure that's not what you wanted to hear, but I hope it helps you move on past this unfair (in my opinion) situation.