my daughter is driving my car and involve in an car accident witch we found out later that our insurance company won't cover the repair bill, simply because that in the policy the clearly mention that anyone under 25 is not cover by the said policy, my daughter is only a student and no full time job yet what will her position in this situation
Was she at fault in the accident and are you asking about who will be responsible for the damage to both cars involved?
yes she is at fault, the main problem is that how she will pay all the dameges she crated on that acciedent, because the insurace company and another person involve in the accident is already cheasing her
I am very sorry to hear that your daughter finds herself in this situation which I would suspect can be quite stressful with the amount of money involved.
The short answer is the reality is your daughter either has the capacity to repay these damages over time (maximum 3 years) or she does not, the insurer and other party can send as many demands as they must and eventually bring your daughter to court to try and get her to pay but if she has no assets or surplus income than it can not be forced from her.
Her options than are to wait 6 years when the statute of limitations runs out for this debt to be enforced against her or she may need to declare herself bankrupt so that the debt is extinguished but I would not encourage this last resort action as it will affect her ability to secure any form of credit in the future.
She is in a no win situation being at fault and not insured in any way. I would now suggest that to avoid a repeat incident that she does secure some insurance while she is driving any ones vehicle so that the chances of this debt compounding through another accident does not occur.
I trust this information clarifies your daughters position at law and that you will respectfully XXXXX XXXXX answer as I wish you the best in this matter
Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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