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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8090
Experience:  since 1983
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what is arbitration? and also my son crash my car an insurance

Customer Question

what is arbitration? and also my son crash my car an insurance denied my claim .because i stated that he drives my car on the wkens ,because i send him to the walmart wich is five minutes from his dads house the most he takes is 45 minutes on sat when i go see him on wkends since he got his license i stated 3 month ago but realluty is only been 7 weeks since feb 19 2013 when it was issue till april 12 the day of accident who can i go about this
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer :

Hi Brandon

Brandon M. :

Hi, thank you for your question.

Brandon M. :

Arbitration is like a private court hearing. Instead of a judge, you have an arbitrator or panel of arbitrators. They listen to both sides and make a decision just like a court would. It is much less formal than court and it also costs much less. The rules of evidence are also much more relaxed, so it is usually more friendly to people without attorneys.

Customer :

okay ,I my son is not on my policy he dont recide with me and also i release the car to the insurance but now i dont know if i hato pay for towing if they havent remove the car from the towing place

Brandon M. :

I apologize, but I'm not sure that I understand. Are you asking if you have to pay for towing?

Customer :

no am asking is the insurance denied my claim and i release the car to them how do i go about it

Brandon M. :

How do you go about what? I apologize, but I still don't understand.

Customer :

the policy states that aperson is consider a rated driver if they use the vehicle for 24 hrs consecutive or acumulative and because i said that i allow him to drive on the wked the insurance considers him a driver he has not driven my car for 24 hr acumulative my q is how do i restate wat i said with more detail

Brandon M. :

I do understand what the policy says, but I still do not understand what the question is. I'm sorry.

Expert:  N Cal Attorney replied 1 year ago.
I am sorry to hear this.

California Vehicle Code:
16451. An owner's policy of motor vehicle liability insurance shall
insure the named insured and any other person using any motor
vehicle registered to the named insured with the express or implied
permission of the named insured
, against loss from the liability
imposed by law for damages arising out of ownership, maintenance, or
use of the motor vehicle within the continental limits of the United
States to the extent and aggregate amount, exclusive of interest and
costs, with respect to each motor vehicle, of fifteen thousand
dollars ($15,000) for bodily injury to or death of each person as a
result of any one accident and, subject to the limit as to one
person, the amount of thirty thousand dollars ($30,000) for bodily
injury to or death of all persons as a result of any one accident and
the amount of five thousand dollars ($5,000) for damage to property
of others as a result of any one accident.

Unless there was a valid provision in the policy that excluded coverage of the driver by name, it seems likely that the insurer is acting in bad faith by refusing to indemnify or defend the driver of the vehicle, who appears to be a co-insured under the Vehicle Code section above.

What is a "rated driver" as defined by the policy?

Are they refusing to defend or indemnify you, your son, or both?

Has the insurer filed a separate Court action to determine coverage?

Has the insurer stated in writing the reason for denying his claim? If so, please tell me what they told you.

Which coverages did you have?

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