Can I file a claim on my sisters policy if I am the driver but don't own/have my own insurance and not a named owner of the car?

Asked over 3 years ago - Fort White, FL

I was in an auto accident on January 23, 2010. My sister owned the car and let me drive it to work one day. I don't own my own vehicle and am not named on my sister's policy. How would I file the claim. I and my sister were notified that the person who caused the accident was not insured and we found that he died indigent and had no assets.

Attorney answers (4)

  1. Joel J. Ewusiak

    Contributor Level 11

    Answered . Possibly. You may be covered under your sister's policy if she has uninsured/underinsured motorist coverage. You shouldn't have any trouble finding a Florida lawyer to assist you with reviewing the insurance policy. Assuming coverage exists, the lawyer can then assist you with preparing a claim.

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  2. David Irving Shiner

    Pro

    Contributor Level 13

    Answered . The answer is... Depends. From the fact situation you have listed it appears that you may be able to make a claim through your sister's insurance policy. However, I am sure that the insurance company will want some answers to very important questions regarding coverage. In addition, were you looking for the insurance company to provide coverage for personal injury protection (PIP) or for uninsured motorist coverage (UM)? Not to mention other coverage issues. If you would like, please feel free to call my office and so you can discuss your matter in greater detail with one of the attorneys in my firm. You can call tool free 1-855-368-3363 -- we represent people throughout the state. Either way, I would suggest that you contact an attorney and discuss your matter in greater detail.

  3. Bryan David Caulfield

    Contributor Level 9

    Answered . Generally, you should be able to file a Personal Injury Protection claim on your sister's policy.
    Depending on two other optional insurance coverages known as Uninsured Motorist coverage and medical payments coverage, you would also be entitled to these also depending on the facts of your case.

    Your living situation could affect this answer. If you were living with your sister as a licensed driver and this car was regularly available for your use, and these facts were not disclosed by your sister when she obtained coverage, it could effect your claim for benefits. Assuming that was not the case, you should be fine and you start the claim by asking her company for the appropiate claim forms and report the accident to them. I reccommend you speak with an attorney prior to filling out any documents or giving a recorded statement. You can learn more by visiting my website www.BryanCaulfield.com. Please contact me if i can answer any further questions for you.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    Answered . The insurance policy on the car would need to be checked to determine if you are covered as a family member or occasional driver, and to see if there is uninsured motorist coverage. A free consultation with a car accident lawyer would be in order, as a car accident lawyer would be needed to obtain maximum amount of insurance money available.

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