Can I claim liability from my auto policy

Posted: Wed May 06, 2009 09:50 pm Post Subject:

Were you liable? If not, then no.

I think you might be misusing some verbiage as I don't see how you could claim your relative was liable (as you state you filed a "liability" claim against your relative). Was your relative liable/negligent in some way? Liability addresses negligence. I think you mean to say that you filed a claim under your relatives policy.

Were you injured in the accident? If so, I'd recommend that you report the accident to your own carrier to see if they need to address any of your medical bills. Each state is different.

Posted: Thu May 07, 2009 03:13 am Post Subject:

Hello to our new poster, and good question.

Tcope, here's the take I get on it.

TO the OP: I think I get it. The accident appears as if it wasn't your fault, and that the other driver's insurance company has accepted liability. That simply means that they have acknowledged that it was their insured's fault and they're accepting responsibililty for the damages that fall within their insured's policy limits. So, the other guy's insurance company will pay for your damages. Now...onto what I think your question is.

Are you asking if you can collect under the coverage on your Uncle's car as well? I also think that Tcope was right when he said that you were misusing the verbiage. The term "liability" always refers to third-party claims, and doesn't protect the insured. It protects the insured AGAINST damages levied against him for damages caused to OTHERS. So, your uncle's policy will NOT pay you anything, that pays for the OTHER GUY.

Your policy may initially pay your medical bills, wage loss and other things, but that's about all you can expect. You CANNOT expect to profit due to this loss from your own carrier. On the other hand, if you were injured by the drunk driver, you will more than likely have a claim for other damages, such as pain and suffering, in addition to the damage caused to your uncle's car. Unless you were seriously injured in the wreck, don't expect to see a lot of big numbers thrown at you to settle your claim. And don't let any of your friends tell you that you're going to be rich after the lawsuit or anything like that. It doesn't work that way. There are set standards for this kind of thing, and believe me, you ain't the first to have this happen to them.

Be honest, be straight and to the point, and don't try to BS anyone. The upside is minimal, because they will get to the truth, and if you lie, they will catch you. The downside is baaaaaaaaaad. Good luck, and let us know whassup with your situation.

InsTeacher 8)

Posted: Thu May 07, 2009 07:22 am Post Subject:

Hey Tracy,

Can I claim liability from my auto insurance carrier also?

Posted: Thu May 07, 2009 11:00 am Post Subject:

Can I claim liability from my auto insurance carrier also?