Can my minor children make a BI claim against me?

[whoopsinma]

What is the name of your state? MA

I was in an accident a few months ago where I rear-ended a large truck. My two children (who were passengers in my vehicle) & I all sustained injuries - mostly soft tissue, although both children required stitches. A friend in another state who used to be a claims adjuster informed that in WA my children would be entitled to file a claim (against me) for general damages but wasn't sure if the law was the same in MA. Nobody has mentioned this to me up until this point, although my insurance is taking care of the kids' medical bills. Are my children entitled to make a "pain & suffering" claim against my policy? How do I go about doing this?

[stephenk]

Your friend was a claims adjuster? He is as wrong as wrong can be. Look up the "resident relative exclusion" in your policy.

[whoopsinma]

Originally Posted by stephenk

Your friend was a claims adjuster? He is as wrong as wrong can be. Look up the "resident relative exclusion" in your policy.

My friend was an injury claims adjuster in Washington state where their law entitles such claims. She suggested I look into this as she is not familiar with Massachusetts law. I will try to dig up my policy - in the meantime if anyone else has input I'm listening. Thank you.

[abaga]

Originally Posted by whoopsinma

What is the name of your state? MA

I was in an accident a few months ago where I rear-ended a large truck. My two children (who were passengers in my vehicle) & I all sustained injuries - mostly soft tissue, although both children required stitches. A friend in another state who used to be a claims adjuster informed that in WA my children would be entitled to file a claim (against me) for general damages but wasn't sure if the law was the same in MA. Nobody has mentioned this to me up until this point, although my insurance is taking care of the kids' medical bills. Are my children entitled to make a "pain & suffering" claim against my policy? How do I go about doing this?

Can not do that in my State.

[stephenk]

Originally Posted by whoopsinma

My friend was an injury claims adjuster in Washington state where their law entitles such claims. She suggested I look into this as she is not familiar with Massachusetts law. I will try to dig up my policy - in the meantime if anyone else has input I'm listening. Thank you.

State Farm Gen. Ins. Co. v. Emerson, 687 P.2d 1139, 1143 (Wash. 1984). Tell your friend to read this case. I hope your friend wasn't an adjuster after 1984.

Almost all policies have an exclusion to prevent family members who live with each other from suing each other. You can see how this can become a problem with collusion between family members to make up a claim and try and get money.