Jan, 2007 my son was driving my car and hit someone from behind. I contacted my insurance company only to find out that they had excluded hi...

Question

Jan, 2007 my son was driving my car and hit someone from behind. I contacted my insurance company only to find out that they had excluded him form my npolicy with out my knowing. Never hearing from anyone we thought the man just went through his own insurance comany once he found out my insurance company would not pay. a couple of months ago we received a letter not quite sure to whom it was from askiing for $4900 in damages to the insurance company however, we didn't respond. This morning at 830am we received a phone call from someone wanting to know if this was where me and my son lived so he could serve us with subpoenas. Can they still legally do this?

Answer

Within 4 years of the incident, a lawsuit must be filed for property damages. So you need to find out [may be able to go onto the court website to look up the case] when the suit was filed. service of the complain can be made more than 4 years later. Contact your insurance company and "tender defense of the claim" to them. If your son was originally covered under the policy and they did not tell you he had been removed you might have an argument that coverage still exists, that they are equitably estopped from denying coverage.