Insurance coverage follows the car first and driver second, thus the claim will typically go through brother-in-law's insurance company as the primary. Your insurance coverage is secondary or excess if your brother-in-law's insurance limits would not pay for the full damages to the other person's vehicle. If you want your insurance to be used you will need to discuss this with your brother-in-laws insurance company. The insurance agent will be able to help file the claim and answer specific questions.
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