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I had a family member back into my parked car which caused some front end damage. I agreed to bring the car to be looked at by a mechanic to see if the damage was cheap enough to fix out of pocket. As it turns out it is a very expensive fix and now my family member refuses to claim it on their insurance. What are my options?

You did not mention if the family member was residing in your household or not. It could be complicated to place a claim if the person lives in your household due to what is referred to as a household exclusion. From time to time, the issue of household exclusions comes up for discussion in different states. However, it continues to be an established rule of law recognized throughout the United States and beyond according to many Departments of Insurance.

The Louisiana DOI explains it well by stating that your children and their property are viewed by an insurance company in terms of whether they are members of your household. The mandatory liability coverage on your vehicles protects members of your household against claims brought by people who are not part of the household normally, thus if a household car has been damaged it would not usually be covered under your liability policy. A homeowners policy on your residence and other liability coverage on members of your household, such as an umbrella policy, operate in much the same way.

Now if the family member is a relative that does not live in your household then you should be able to place a claim with their insurance provider if you have their information to do so. If they will not give you their insurance information so that you can place the claim then you may want to make a claim against your own collision coverage, if you have it, or seek legal advice to see about taking the at-fault person to court and seek a judgment for your repair expenses.

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This car insurance question was asked on 10/3/2006
This auto insurance answer was last updated on 3/9/2007
Brianna requested this car insurance solution.
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