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

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?

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Attorney answers 6


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.


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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


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

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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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


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 relationship.


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

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