Auto Insurance Claims: backing into sons parked car in my driveway, state insurance commissioners, partial truth


Question
My son who is 23 returned to live with me while attending school.  I, his
mother, backed into his car this morning while it was parked in my driveway.  
After speaking with my State Farm Adjuster, they inform me that two claims
will have to be filed.  One for each car.  I said this was nuts because I was at
fault and my deductible is $250 and his is $1,000.  My son owns his own car
and has had his own policy for over 4 years with this same adjuster.  The car
is in his name.  His checking account is debited and he gets no multi-car
discount or anyother discounts.  He has moved in and out of our house for
the last 5 years at different times.  I was so upset dealing with my adjuster
today that I am ready to find another insurance.  Can this be correct.  She is
saying that because he is a "relative" and living in the same house that he is
automatically insured on my insurance policy too.

Answer
Hi Nancy,

There may be partial truth in what the adjuster told you. However, this is generally only the case with a husband and wife that are on the same policy. The reason is that in most states a husband and wife are considered to be one person and you can not be liable to yourself. Hoiwever in this case you can be liable to your son. He could sue you for the damage, so in my opinion your insurance should pay for the damage.

You should elevate this to a manager. Explain the situation just as you have to me. If they still insist that they will not pay, you should demand that they give you, in writing, a detailed explanation of the reason for this and the section of your policy that states this. If you are still unsure if this is correct, you can file a complaint with your state insurance commissioners office for a final determination.

I hope this helps
Richard Hixenbaugh