I hit my wife's car in the driveway. My insurance will not cover damages on her car because we are married. Is that correct?
4 attorney answers
In terms of liability coverage, there often may be an exclusion for payment under the circumstances you describe. However, if there is collision damage coverage on the vehicle that was struck, collision coverage may well apply. You need to read your insurance policy carefully. If you do not understand the policy, you may wish to pay for a short consultation with a local attorney who can help explain it to you. I would not rely on the adjuster's information without independently confirming its accuracy. Remember, your insurance company is neither your friend nor your good neighbor. The sole goal of any carrier is to pay you nothing or as little as possible on any potential claim.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The loss may be excluded under the "family member" exclusion which is common in a lot of policies. This exclusion is intended to prevent two or more members residing in the same househld from conspiring a claim to get money from the insurance company.
Check your policy and ask your insurance company or agent to send you a written explanation of why they are denying the claim. You may want to consult with an attorney who handles insurance bad faith matters after you receive the insurance company's written explanation denying the claim.
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Many auto insurance policies exclude damage caused in a collision between vehicles owned by the same household. It's not based on the location of the accident but rather the ownership of the vehicles. Presumably, it is to prevent fraud.
This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.
It depends upon the terms of your insurance policy. You may be an excluded driver.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.