Can my mother sue my insurance for compensation? 19 Answers as of June 27, 2013

My parents were driving my can and they got in an accident. My father was driving and was his fault for hitting another car. My mother was the passenger and she got hurt from the airbag and the seat-belt. The can was on my policy and I have full coverage. Can my mother pursue a legal action against my insurance to get any money out of it?

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Lewis B. Kaplan | Lewis B. Kaplan
In Illinois at least your mother's claim is not directly against your insurance company but is against your father .If your father is covered by your policy that policy will indemnify him for your mother's damages .Your mother needs to turn claim in to your insurance and then see a lawyer .
Answer Applies to: Illinois
Replied: 10/4/2012
Victor Varga | Victor Varga
Not against your insurance company, as the driver (your dad) was at fault. Unfortunately, her only recourse is to sue him, which wouldn't make sense.
Answer Applies to: Maryland
Replied: 6/27/2013
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, your mother can pursue your insurance and may be paid for her pain and suffering and her medical expenses.
Answer Applies to: Louisiana
Replied: 10/2/2012
Koning & Jilek, P.C.
Koning & Jilek, P.C. | Jonathan Neal Jilek
She can make a claim.
Answer Applies to: Michigan
Replied: 10/2/2012
Timiney Law Firm
Timiney Law Firm | Leigh Anne Timiney
Yes, your mother has the right to pursue an injury claim against your automobile insurance for the injuries she suffered in the accident. She does not have to formally sue you or your insurance carrier, she can simply make an injury claim with your insurance carrier and ask for compensation for her injuries.
Answer Applies to: Arizona
Replied: 10/2/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under the Michigan No Fault Act, your mother must claim first against her own auto insurance. If neither she nor your dad had auto insurance, then she can claim against yours. She is entitled to lifetime medical benefits for accident-related injuries; mileage to and from the doctors, hospitals, and pharmacies for up to 3 years; lost wages for up to 3 years; household replacement services for up to 3 years. She is not entitled to anything else. By that, I mean that she cannot sue your father for pain and suffering.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Not if your father was at fault. The only way that possibility could occur is if the other driver was at fault and either under insured, meaning the insurance wouldn't cover your father's injuries or was completely uninsured. However, if your father was at fault your mother cannot sue your father.
    Answer Applies to: California
    Replied: 10/1/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your mother may make a claim against your father as driver and you as owner. You don't sue the insurance company directly.
    Answer Applies to: North Carolina
    Replied: 10/1/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    In Massachusetts, if your mom has over $2000 in medical bills, then a claim can be made for pain and suffering.
    Answer Applies to: Massachusetts
    Replied: 10/1/2012
    Wild Sky Law Group, PLLC
    Wild Sky Law Group, PLLC | Roxanne Eberle
    If your father was driving your car with your permission, then your liability insurance covers him and should cover your mother's claims against your father for her injuries. A qualified personal injury lawyer can help your mom sort this out so she is taken care of properly.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Law Office of Alan H. Segal
    Law Office of Alan H. Segal | Alan H. Segal
    Hi, Your mother can definitely make a claim on your policy for injuries received in the accident. She does need to have over $2,000 in medical bills or a broken bone in order to make a claim. any money out of it.
    Answer Applies to: Massachusetts
    Replied: 10/1/2012
    Ezim Law Firm | Dean Esposito
    Yes, your mother can file a claim against your insurance company under your liability coverage for her injuries.
    Answer Applies to: Louisiana
    Replied: 10/1/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    She would sue your father. If your father has his own policy for his own vehicles, that policy would be primary, but yes, she could go after your insurance company.
    Answer Applies to: New Jersey
    Replied: 10/1/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Yes your mom can make a claim against you.
    Answer Applies to: Oregon
    Replied: 10/1/2012
    John Russo | John Russo
    The key is whether or not you gave your father permission to operate your vehicle. If you did you should be ok.
    Answer Applies to: Rhode Island
    Replied: 10/1/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes. Your father was covered under your policy as a permissive driver, and if he was at fault in causing your mom injury in an accident, she has a legitimate claim against your insurance policy. Caution: It gets a bit more complicated if your are all in the same household.
    Answer Applies to: Texas
    Replied: 10/1/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes.
    Answer Applies to: Washington
    Replied: 5/28/2013
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