My car was hit by a drunk driver while parked. Insurance company doesn't want to pay. What should I do?

Question

I am staying at a friend's house, renting a room. It was his son that hit the car. The insurance company is saying that I should be on the homeowner's auto policy. I am in California.

Answer 1

Are you saying that his insurance company won't pay, or your insurance won't pay?

Regardless, you have the right to pursue you damage directly through their insurance.  They hit a parked car and are liable for the damages.  Speak to the adjuster's supervisor or report them to the insurance commission.

Answer 2

They are absolutely correct.  EVERY HOUSEHOLD MEMBER has to be listed on a policy- regardless of whether or not you drive their car.   If you dont do this- you are committing insurance fraud.  Since they misrepresented themselves on their policy (didnt list you)- the policy and void and they will deny the claim.  

Reason being?  You are a risk and should have been added premium-  since they didnt have you on there.. their insurance was cheaper.  It doesnt matter if you dont drive it regularly- those keys are available to you and you have access.

No amount of whining, complaining, threatening, or getting attorneys will change this.  When you get a policy you sign saying that you answered all questions correct and if you didnt your policy is invalid.  One of these questions is "did you list all household members"

Sorry- your buddy needs to pay you directly.

Answer 3

Insurance company is right. If the homeowners insurance will not pay then you will have to take the son to small claims court.