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If I am in an accident with a family member who is driving, can I make a claim against the family member?
Can my car insurance company limit my recovery under my own policy to the minimum amount Utah law requires a motor vehicle driver to carry to protect other drivers from his/her negligence?
Answers
If I am in an accident with a family member who is driving, can I make a claim against the family member?
YES. When you are a passenger in a car and an accident happens, you are not at fault. Under Utah law you are allowed to make a claim against another person whose negligence causes you harm/injury. If that person happens to be related to you, even though it may be somewhat awkward, you can make a claim against the family member’s (and presumably your) automobile insurance for personal injury.
For example, let’s say that your husband is driving and makes a left hand turn after the light has changed to red. Another driver coming from the other direction runs the red light as your husband attempts the left hand turn and smashes into your car.
If you are injured, you may recover against the driver who ran the red light and smashed into your car. You may also be entitled to a recovery from your husband which means making a claim against your automobile insurance. Luckily you have insurance and that is why – to protect you and others when someone is injured.
Can my car insurance company limit my recovery under my own policy to the minimum amount Utah law requires a motor vehicle driver to carry to protect other drivers from his/her negligence?
NO. Many automobile insurance policies or contracts contain provisions that attempt to limit a family member’s recovery against their own policy to the minimum statutory limits. This provision is oftentimes referred to as a “step down” provision or a “household exclusion”. Even though the insurance company may have language in its contract which limits your recovery, it is not enforceable.
In 2006 the Utah Appellate Court reviewed this issue and held that, under Utah Code §31A-22-303(1)(a)(iv)(B), expressly prohibited a “step-down” provision. For more information, you may find the court’s opinion at Liberty Mutual Insurance Company v. Shores, 147 P.3d 456, (Utah App 2006).
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