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If my car is keyed by a teen in a parking lot and the teen who keyed it gets caught would the damage to my car be covered under the teens homeowner liability?
Wiki User
∙ 13y ago
In short, the answer is "No." First of all, a teenager, unless he or she is a home owner has NO homeowner's policy. The "named insured" on any HO Policy is/are the actual owners and only those explicitly named on it, including the home owner's children, tenants, roomers, relatives there, etc.
Next, even if this "teen" is a home owner (or, more likely, explicitly named on the HO Policy) and has a HO Policy, it will never cover vandalism or other intentional criminal activity such as in your case. Thus, your best course of action is to present your local criminal court prosecutor with one or more estimates (or an actual body shop repair bill) and have the judge, if he/she convicts the teen, then order "restitution" from the teen to repay the loss to you. If you have "comprehensive coverage" on your vehicle, then you can file a claim with your carrier, give them the teen's info, police report number, etc. and your carrier will pay for the repair and look for reimbursement from the teen based on the judge's order of restitution.
If this teen is under 18 years of age, most likely the judge will be sitting in "Juvenile Court" on this case. Remember that anyone under 18 is not legally an "adult" and virtually any state prohibits you to sue a minor. Your best bet is to have a judge order restitution as this "hammer" can be applied by the Court is the teen balks or refuses to pay.
Outside of criminal court, you will have a Civil tort (i.e. actionable claim for damages) against the Juvenile. Depending on the place this happens, you can expect to be compensated by the juvenile or their responsible guardian for the damage caused to you. In the United States, the Small Claims Court is most likely where you would present your case - you won't need a lawyer, and the juvenile in question does not have to have been convicted of the crime in criminal court. As noted above, you will most likely be suing the kid's PARENTS, but it works out the same.
Wiki User
∙ 13y ago
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