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Can You Make An Accident Claim Against A Driver You Live With?

Question:

My daughter was a passenger in her boyfriend’s car. He rear-ended another car and my daughter was seriously injured. My daughter lives with her boyfriend. Can she make a claim against his insurance?

Answer:

Yes. The fact that your daughter lives with the driver is irrelevant. If her boyfriend was at fault for the accident, she has a claim against him and his insurance company will pay.

Your daughter may be reluctant to make a claim against her boyfriend. But she needs to understand that if she suffered serious injuries, those injuries may affect her for the rest of her life. She needs to look out for her future, including possible future medical needs.

It’s the boyfriend’s insurance company that will be paying. If the boyfriend cares about your daughter, he will want her to be taken care of by his insurance company. In fact, he should want her to get as much money as possible from his insurance company.

Depending on the seriousness of your daughter’s injuries, her boyfriend auto insurance policy limit may not be enough to cover the value of her claim. You should find out if she owns a car and has uninsured motorist coverage on her auto insurance policy. If she does, that may be another source of compensation for her injuries.

If a family member suffered serious injuries in an accident, it’s important that they are represented by an experienced car accident attorney. At McGee, Lerer & Associates, our expertise is in handling catastrophic injury and death cases, and in “opening policies.” That means that we are often able to get more than the insurance policy limit for our injured clients and their families.

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