A question we, at the Beattie Law Firm, are frequently asked is whether insurance coverage exists for a family member injured by another family member driver in a vehicular collision. In a previous post, it was determined that a family member can in fact sue another family member driver for negligently causing injury. The question though regarding insurance coverage is more complex. Most insurance companies have exclusions that will deny insurance coverage for a negligent family member driver injuring a family member passenger.
However it is frequently the case, that the injured family member is an insured under some vehicular insurance policy and many times is the same policy that insures the driver. If this is the case, than the injured family member is entitled to receive benefits under the injured family member’s insurance policy under the uninsured motorist provisions of the policy. Uninsured motorist coverage is coverage to pay insureds under the policy if they are injured by a non-insured driver. In the case of a family member driver who has a family member exclusion for liability, then the driver would be considered uninsured which would entitle the family member to obtain a recovery under the uninsured motorist provision of their policy.
We, at the Beattie Law Firm, are here to help you in explaining your rights if injured in a vehicular collision or wreck of any kind. If a family member driver does injure another family member passenger and an exclusion applies we can then proceed, if available, to obtain damages pursuant to the uninsured motorist provision of the injured person’s policy.