Legal Question in Personal Injury in Illinois

I hit my son"s car in our driveway.We are on the same State Farm multi/car discount plan & both have just liability ins.They said they won"t pay for his car to be repaired because we are in the same household.Can they do that or do they have to pay for it because it was my fault?


Asked on 7/21/10, 3:23 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The insurance company does not have to pay. If it did pay your son, it would then be entitled to reimbursement from you. Since you're both on the same policy, this would be pointless.

If you had different policies, then the company would have to pay your son but would then demand the money from you and would likely sue you if you didn't pay up, unless you seem unlikely to be able to pay the judgment.

Many people mistakenly believe insurers simply absorb all the claims they pay. That's not how it works. When someone else is at fault, the insurer can sue them to recover the money they paid out on the claim.

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Answered on 7/21/10, 8:50 pm


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