QuestionMy 19 year old step daughter took my SUV without my permission and crashed into another vehicle causing $8000 worth of damage. My step daughter was an excluded driver on my policy with Mercury insurance so they denied the claim. It has been almost 2 years now and I am being sued by the other parties insurance. Will I be held liable for all damages? My step daughter has also been sued. Thank you..Dave
AnswerIf you have already tried to tender defense of this case to your own insurance company and they have refused to provide coverage or even tender a defense, you need to contact an attorney immediately. I cannot answer your question directly since this is an issue in which your specific policy, and your specific state's laws, will be critically important to determining whether you have any insurance coverage. However, there may be important steps that you can take to try to preserve any coverage or defense that the insurer may be obligated to provide.
In my state, Georgia, you would have a very strong defense to personal liability since the car was taken without your permission. I think that the insurer would also most likely be required to provide you with a defense, because YOU didn't do anything wrong and you're being sued because of the insured car. But it is also true an insurer here would probably refused to provide a defense unless an attorney became involved to force the issue.
Therefore, I urge you to contact a local attorney at once to see if you can force the insurer to provide you a defense. If they do, defense costs would be borne by the insurer, not by you.
DISCLAIMER: Nothing contained herein is intended to be legal advice. I am not licensed in any state other than Georgia, and I do not represent any individuals in Georgia except those with whom I have a signed agreement to represent.
