Is this possible?

[kat308]

What is the name of your state? NY

Late December, my neice (20 yr old) was in an accident where she fell asleep at the wheel crossed into on coming traffice and was killed. One of the cars that she hit, the driver was seriously injured. My neice had her own insurance policy but lived at home. Today my brother in law received a letter from the other driver's attorney wanting their home owner policy information. Can they really try to sue when my neice was technically an adult with her own insurance?

 

[ecmst12]

They can always try. I don't see how they could possibly be successful in a lawsuit though. However, if the parents have an umbrella policy that would have covered her, they might be able to collect from that. Most likely that's all they're looking for.

 

[moburkes]

What is the name of your state? NY

Late December, my neice (20 yr old) was in an accident where she fell asleep at the wheel crossed into on coming traffice and was killed. One of the cars that she hit, the driver was seriously injured. My neice had her own insurance policy but lived at home. Today my brother in law received a letter from the other driver's attorney wanting their home owner policy information. Can they really try to sue when my neice was technically an adult with her own insurance?

Was she a college student?

 

[kat308]

Yes, she was a college student.

 

[moburkes]

Yes, she was a college student.

Then she is a dependent, which is why they are after her parents' information. However, homeowner's insurance specifically excludes coverage for auto accidents. Like ecmst12 said, maybe they're looking to see if there is an umbrella policy.

Her parents need an attorney - fast.

 

[ecmst12]

Just because she was a dependent I don't think makes her parents responsible for her actions. She was still legally an adult. If they are sued, of course they will need a lawyer, but that hasn't happened yet.

 

[MandyD]

*

This is NY we're talking about. In NY, we are financially responsible for our children until the age of 21. These people might hold some responsibility.

 

[moburkes]

This is NY we're talking about. In NY, we are financially responsible for our children until the age of 21. These people might hold some responsibility.

Yep. Agreed.

 

[judge425]

parents cannot be impugned with the negligent acts of their infant children with limited exception. (negligent supervision) Under the law, your niece was considered an adult regardless of her emancipation status. Should there be an applicable homeowner's policy then the issue of her residency and emancipation would become relevant to the determination of coverage. The only available insurance to the injured party would be the auto policy insuring her vehicle and any umbrella policy. Otherwise, the injured must look to her own SUM policy (underinsured policy) for additional recovery. Your sister and her husband may only be held responsible if they were owners (registered or nonregistered). Simply stated, there must be some link between your neice's vehicle and her parents. If she owned and insured it independently, then they are in the clear. Given the demand for homeowners insurance information, it appears that the lawyer has a clue what he or she is doing and will not unnecessarily commence action against your neice's parents. Should that take place, they should hire counsel immediately to have the action against them dismissed. ... NY Lawyer

 

[moburkes]

There is no HO claim. HO insurance does NOT cover auto accidents.

 

[ecmst12]

But if an umbrella policy exists, it would be part of the HO policy.

 

[moburkes]

But if an umbrella policy exists, it would be part of the HO policy.

No. Sometimes, a company will only offer an umbrella if they have your home (but not your auto), but they are completely separate policies.

 

[ecmst12]

Ah ok, thanks for the info. Not being a homeowner, I wouldn't know

 

[moburkes]

Ah ok, thanks for the info. Not being a homeowner, I wouldn't know

No problem. Even if you were, you might get your home and umbrella and auto all billed together, which makes many people think its one policy.

And, since they cover different stuff, the policy pages will have different legal information about what's covered and what's excluded.

 

[kat308]

Thank you all for your replies. They were going to meet with attorney next week.