brother hits car

[karamdenn]

What is the name of your state? Colorado

I own my own house and rent a room to my brother. He is a roommate - we own no common property and he pays me rent. My brother backed into my car over the weekend. The damage doesn't render the car undrivable, but it does need to be fixed. My insurance company is refusing to file the claim under his liability insurance. Is it true in the state of Colorado that a relative cannot be held liable for property damage? Does the rule change if the relative lives with you?

We are both adults - he owns his car and I own my car. We both carry separate insurance policies (but with the same insurance provider).What is the name of your state?

[CALIF-LAWPRO7]

Originally Posted by karamdenn

What is the name of your state? Colorado

I own my own house and rent a room to my brother. He is a roommate - we own no common property and he pays me rent. My brother backed into my car over the weekend. The damage doesn't render the car undrivable, but it does need to be fixed. My insurance company is refusing to file the claim under his liability insurance. Is it true in the state of Colorado that a relative cannot be held liable for property damage? Does the rule change if the relative lives with you?

We are both adults - he owns his car and I own my car. We both carry separate insurance policies (but with the same insurance provider).What is the name of your state?

My response:

Your answer is in your insurance policy. This scenario is discussed. Did you read your policy manual?

IAAL

[karamdenn]

Originally Posted by CALIF-LAWPRO7

My response:

Your answer is in your insurance policy. This scenario is discussed. Did you read your policy manual?

IAAL

I already know what is in my insurance policy (at least I do now - I never would have picked up this line). My problem is done and over with . . . nothing I can do about it now. What I want to know is: if, in the state of colorado, relative can be held responsible for property damage. Does the rule change if this relative also lives with you? What if the relative pays rent? We are in no way financially linked - no common property, etc. We are two adults, living at the same residence, who happen to have had the same parents. The reason I am asking about the rule in the state of colorado is because the NASTY claims rep at my insurance company is trying to tell me that resident relatives cannot be held responsible for property damage (her words: you cannot sue your relative). I do not believe this is true. Does anyone out there have an answer for me?

[CALIF-LAWPRO8]

Originally Posted by karamdenn

I already know what is in my insurance policy (at least I do now - I never would have picked up this line). My problem is done and over with . . . nothing I can do about it now. What I want to know is: if, in the state of colorado, relative can be held responsible for property damage. Does the rule change if this relative also lives with you? What if the relative pays rent? We are in no way financially linked - no common property, etc. We are two adults, living at the same residence, who happen to have had the same parents. The reason I am asking about the rule in the state of colorado is because the NASTY claims rep at my insurance company is trying to tell me that resident relatives cannot be held responsible for property damage (her words: you cannot sue your relative). I do not believe this is true. Does anyone out there have an answer for me?

My response:

No, she NEVER said to you, "you cannot sue your relative". You need to read and listen more carefully. What she said to you was, "You cannot file a CLAIM against his, or on your, insurance policy because you both live in the same residence."

It's YOU that are "nasty" because of your own ignorance or unwillingness to listen and comprehend. You appear to have your own agenda, which is you want what you want when you want it, despite what anyone tells you. Take a chill pill.

You can always sue anyone - - even a relative. So, since dear brother won't pay, then you're relegated to Small Claims court.

I'm done, and so are you.

IAAL

[karamdenn]

Originally Posted by CALIF-LAWPRO8

My response:

No, she NEVER said to you, "you cannot sue your relative". You need to read and listen more carefully. What she said to you was, "You cannot file a CLAIM against his, or on your, insurance policy because you both live in the same residence."

It's YOU that are "nasty" because of your own ignorance or unwillingness to listen and comprehend. You appear to have your own agenda, which is you want what you want when you want it, despite what anyone tells you. Take a chill pill.

You can always sue anyone - - even a relative. So, since dear brother won't pay, then you're relegated to Small Claims court.

I'm done, and so are you.

IAAL

I am not done . . .

Wow!

Are you my claim rep? If you are my claim rep - you know what was said. If you are not my claim rep (and I seriously doubt you are), you cannot possibly know what went on when we were speaking on the phone.

Don't get all worked up - take your own advice and take a "chill pill".

You do not know me - and you telling me that I am ingorant and unwilling to listen is getting awfully personal and it makes you the "nasty" person right now.

I am not ignorant about the way the insurance policy works. I am ignorant of the actual law in Colorado - if I already knew the law, I wouldn't have posted the question on this forum.

I am not from Colorado - I have only lived here a couple of years, and I do not know the law. And the claim rep DID say to me that a resident relative cannot be held liable for personal property damage in the state of Colorado. If this is true or not will not change my insurance policy. Despite what you think, I am not ignorant or unwilling to listen - I HEARD what she told me. I am not waiting for someone to "magically" change my insurance policy. I simply believe that she was trying to get me off the phone and out of her hair and told me some wrong information. Although the way she treated me angers me, I posted on this forum because I wanted to find out if this was actually the case in Colorado. I would NEVER sue my brother over a simple fender bender. I just want to know what the actual law is.

I thought this forum was for questions like this one - to help those not in the know. It is now you who are not being helpful or nice.

If there is anyone else out there who actually could help me with my simple question:

In the state of Colorado, can a resident relative be held personally liable for damage to my property?

[justalayman]

Originally Posted by karamdenn

If there is anyone else out there who actually could help me with my simple question:

In the state of Colorado, can a resident relative be held personally liable for damage to my property?

You need to re-read the advice that was given to you. Your question was answered.

(hint: post #4)

[karamdenn]

Originally Posted by justalayman

You need to re-read the advice that was given to you. Your question was answered.

(hint: post #4)

I read the "advice" - of course you can sue anyone, anytime - the question is can they be held liable for the damage . . . will it hold up?

I can only assume the the person is from california . . .my experience with this person only reinforces that most people from this state have absolutely no manners. Not that this person cares . . .

I was asking specifically about Colorado. CALIF-LAWPRO8 was so busy telling me how ignorant and unwilling to listen, that my specific question was not answered.

I thought this forum would be nice and helpful to answer basic questions.
I wouldn't ask any of you for the time of day, let alone advice for anything - legal or not.
I guess it is just full of asses - not friendly people willing to help.

That's too bad. I won't be using this forum ever again.

Oh yeah - NOW, I AM DONE.