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Posted in Personal Injury on August 10, 2017   |  by Gary Burger

Can You Recover a Settlement from a Family Member

Can you recover for an injury if it’s caused by your family member? The answer is yes. I get this question all the time, and it happens all the time because who do we hang out with, who do we spend our time with? Our family members, our friends. You’re driving with dad. You are with your brother or sister. You’re with your cousin. You have your family over to your house. You go over to your family’s house. So, whether there’s a car crash, a slip and fall, or any other type of claim, you can make a claim against them. We handle these cases all the time.

I was in a deposition, in one this week, the week that I’m doing this video. So, your family members owe a duty to you just like anybody else, and there are safety rules that we abide by, rules of the road when we’re driving, rules about dangerous condition of our property when we invite our friends over to our house, our guests over to our house, and your family member has insurance to cover their negligence, so if they break the rules and they injured you, they’re responsible for the harm, and they have been paying insurance premiums to take care of that.

Who would you want to take care of more if you injure someone? A stranger, or your brother, your sister, your mom, your dad, your kid? So, don’t be dissuaded in making a claim just because the defendant or the potential defendant is your family member. Be clear with your family member, “I’m only going after your insurance. I’m not trying to get any personal recovery against you, but you have insurance to pay for my medical expenses, my wage loss, my pain and suffering, my disability, my disfigurement,” and if it happens in a car crash, it happens in a premises liability, a slip and fall, a truck crash, any type or a variety of type of incidents.

So, if you’re involved in an incident with your family, make a claim against your insurance company. Don’t be afraid to do it. If you have any questions about that, the intricacies of that, give me a call, Gary Burger, 314-542-2222, 618-272-2222, 866-599-2222.

Insurance adjusters will sometimes try to say that you can’t recover on the policy. The other thing we’re experts on are insurance policies in these cases, and sometimes these policies will exclude family members or family members living with you, so don’t take a denial by an insurance company because of the terms of an insurance policy on face value. Make them give you the policy. Get an exclusion letter, a denial letter about why you’re being denied. Get a copy of the policies. Send it to me at I’ll review it, and I’ll tell you whether there’s coverage or not. Thank you. If you have any other questions, give us a call. Thank you.