Can I sue his mother's insurance in small claims court to get them to cover the judgement on their insured's son who was driving the car? 1 Answers as of November 28, 2016

Someone hit the side of my car. He is at fault. He does not have auto insurance, but the car is insured (liability only) by his mother who does not live with him. He does not have a job, nor much assets. I sued him directly in small claims court and won a judgement; however, he is refusing to pay. His mother's liability insurance does cover him under permissive use though. However, he has not filed a claim with his mother's insurance.

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Yes, write to the insurance co. and ask them for payment. I would have to review the policy in order to determine whether or not the son is covered. They may deny coverage for the mom's failure to notify them/ cooperate in the defence.
Answer Applies to: California
Replied: 11/28/2016
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