In a car accident in Arkansas where the at fault driver has liability insurance, is the injured sibling covered by the insurance

Asked over 1 year ago - Bentonville, AR

My 18 yo step-son, on my insurance policy, was driving the vehicle that wrecked, and it was his fault. My daughter and step daughter, who were in the back seat, were injured and transported to the hospital. Our insurance company says Arkansas law says minors can't sue their parents so they are not going to pay the medical expenses for either child. Is this correct?

Attorney answers (6)

  1. Justin Minton

    Contributor Level 10

    8

    Lawyers agree

    Answered . In Arkansas it is permissible for an auto policy to exclude bodily injury coverage to resident relatives. It's all going to depend on what the policy says, so I'd have to read it to make sure. But, more than likely, there is no liability coverage for the injuries to your other children.

    This communication is not intended to, and does not, create an attorney-client relationship.
  2. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . As Attorney Minton said, you need to read your policy to see if there is coverage.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Relatives living in your home typically are excluded, but you would want to retain a local lawyer to investigate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Lisa Douglas

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Either your daughter and step daughter are covered under your insurance policy or they aren't. I can't say I've heard such an excuse for not paying medical bills. If your daughter and step daughter are covered and the insurance company is refusing to pay, youo may have a bad faith claim against the insurance company. But first you must look at your policy to see if these 2 persons are covered under your policy, if they are then the insurance company must pay for reasonable care attributed to the accident or be subject to a bad faith claim. If they are not covered then that is the end of the question, period.
    Lisa Douglas
    Attorney at Law

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client... more
  5. Jody R. Nathan

    Pro

    Contributor Level 9

    Answered . If the policy has medical payments coverage (med pay) or uninsured motorist coverage, there may be an exception to the denial of coverage.

  6. Manuel Alzamora Juarez

    Contributor Level 20

    Answered . Call attorney Minton for a consultation. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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