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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 [email protected]. 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.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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