If my stepdaughter causes a car accident, can the injured come back on my car insurance policy to pay?
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my stepdaughter caused a accident and her insurance had to pay its limits but the injuries to the person was more than her policy would cover, can the injured come back on my car policy under resident relative claus? She lives with me and I have her on my health insurance but not my car insurance, even though she occ. drives my car.
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MSAD said:
Liability coverage does not stack.
They would not be able to come back against your policy. The person would file an under-insured motorist claim against their own policy.
The only time liability coverage stacks is this:
You own the car and have it insured under your own policy. Your daughter (who has her own separate policy) borrows your car and causes an accident. Then the liability from the car would pay first and the liability from your daughters policy would come in and pay after that.
But in a situation where your daughter owns her own car under her own policy but lives in your household – your liability coverage would not come into play. Where this confuses people, is that liability would not stack But…..if the accident were covered under Uninsured Motorist or Under-insured motorist…depending on state law…your policy could come in after your daughters car policy.
The only other way your liability coverage would come in- is if you were negligent in your own right. Such as for negligent entrustment. Then the person could come after you for your negligence.
Your best bet is to call your insurance agent. He/She knows the language in your policy and could best advise you.
**not legal advice. Only a lawyer can give legal advice.
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0November 4th, 2009 at 9:50 pm
