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 about 4 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. 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.

  2. 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. 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 Please contact me if i can answer any further questions for you.

  4. 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.

    Click on the picture to see the profile of the lawyer answering your question. The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now