My son drove my car and got into an accident in Philadelphia and was seriously injured. Can we make a UIM claim on my policy?


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A: Making a UIM claim in a car accident case is probably one of the most complex types of auto insurance claims in Pennsylvania. There are many issues which pertain to these kinds of claims. Each case is unique and you should be sure to have your case evaluated by a car accident lawyer in Philadelphia. The following is for general information only.

Whether a child can make a UIM claim on a parent’s car insurance policy depends on many factors, like where the child “resides,” whether an adult child has a separate car insurance policy,  etc. These facts determine whether certain exclusions to UIM coverage will apply to the situation.

1. Household exclusion. Let’s say an adult child lives with his or her parent. The adult child has a separate auto insurance policy, but drives a parent’s car and get into an accident. The household exclusion will generally bar the adult child from making any kind of claim on the parent’s car insurance policy, including UIM/UM coverage.

2. Regular use, non-owned exclusion. This exclusion bars a UIM/UM claim when a household member or insured was in an accident while driving another car which is not on the household car insurance policy. However, use of the other non-owned car must have been regular.

For example, let’s say we have a two household family; mom and dad are separated or divorced and have their own car insurance policies. A child who lives with mom and drives her dad’s car on a regular basis will be barred from making a UIM/UM claim on her mom’s car insurance policy if she gets into an accident in her dad’s car. Read more about the regular use non-owned UIM/UM claim exclusion here.

UIM/UM claims are notoriously complex. These kinds of claims should not be made without advice of a Pennsylvania car and truck accident lawyer.

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