Legal Question in Insurance Law in North Carolina

My 32 year old son, 30 year old daughter-in-law and their 2 children moved into my home after a job loss. My daughter-in-law borrowed my vehicle and totaled it. She received a DUI and a wreckless driving charge. Now my insurance company says that I am required by NC law to put my daughter-in-law on my insurance policy. Is this so?

Asked on 1/28/13, 9:25 am

1 Answer from Attorneys

Brent Adams Brent Adams & Associates NC Personal Injury Lawyers

Insurance coverage is complicated when there's a car accident with a driver using someone else's car. Typically, insurance "follows the vehicle" as long as the owner gives the driver permission to use the vehicle. (Also, every policy has exceptions.) If someone else is driving your car with your permission and has an accident, the primary insurance is your policy. If this coverage is not enough, then the driver's insurance policy could be used as secondary coverage. Did your daughter-in-law have insurance? Was she regularly using your vehicle or was this an exceptional use?

Members of a vehicle owner's household are automatically covered with or without the owner's permission. State laws may affect the case depending on where the accident took place, where your daughter-in-law's permanent address is (You mentioned she moved in, but is her residency still active in another state?) and where you, the owner of the vehicle, reside.

Let us know if you have questions for our North Carolina car accident lawyers.


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Answered on 1/28/13, 12:31 pm

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