MY WIFE HIT MY CAR WITH HERS AND TOLD THE POLICE SHE DID IT

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PostPosted: Fri Dec 10, 2010 5:47 am   Post subject: MY WIFE HIT MY CAR WITH HERS AND TOLD THE POLICE SHE DID IT   

MY WIFE HIT MY CAR WITH HERS AND TOLD THE POLICE SHE DID IT TO STOP ME FROM LEAVING. CAN I GET COMPENSATION THROUGH HER INSURANCE?


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PostPosted: Fri Dec 10, 2010 7:05 pm   Post subject:   

Quote:
CAN I GET COMPENSATION THROUGH HER INSURANCE?
Is her insurance not the same policy as yours?
tcope
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PostPosted: Wed May 11, 2011 7:25 pm   Post subject:   

If her insurance policy is separate from yours and she has admitted to hitting your vehicle with hers you can file a collision claim against her. If your vehicles are on the same policy it may get a little tricky but you are able to file to claim on the insurance policy. Either way, if she has admitted to hitting the vehicle she is at fault and her policy will have to pay for the repairs to your vehicle.



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PostPosted: Wed May 11, 2011 8:02 pm   Post subject:   

The problem is that policies have exclusions for intential acts... for both 1st and 3rd party claims. There are some ways around this in some states for a liability claim but most likely it would still be denied.


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PostPosted: Thu May 12, 2011 11:17 am   Post subject:   

This is quite true that if it's her fault then her insurance has to pay for the damages she's caused you. But as tcope1 just pointed out, you may choose to go through the policy exclusions once to see what's in and what's out.

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PostPosted: Thu May 12, 2011 8:56 pm   Post subject:   

I have heard this explained in this fashion. An insurer can pay for repairs based the limits of liability for which they become legally liable. In order to prove your spouse legally liable for the loss, you would have to obtain a court judgement against your spouse. I am told spouses have immunity against testifying against each other. I have a customer who's husband ran a lawnmower down both sides of the car and the insurer would not pay for the damage because the wife would have to testify against the husband in order to force the insurer to pay since it was an intentional act.



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