Can a live-in relative, not covered under a homeowners policy, take out a claim for car damage from the house?

Question

I live at my parent's house. My car was parked in their garage. A sewage drain(old house) busted and sent "stuff" over my car. It took the paint off the car. If my parents are going to file a claim, will it matter that I live in the house? Will they deny it because of that? I am not on the policy, so even though I'm related, I am legally like an outside person.
Anyone have additional advice on this issue? My parents don't want to pay and I don't want a car with diminished value. Thanks

Answer 1

Let me try to break this down into basic terminology. There are 2 aspects of a homeowners policy that you could seek coverage from.

The first part is a first party claim. That means you are claiming damage as an insured. An example of this would be recovery of an insured personal belongings after a theft in a house or damage to a roof after tree fell on it. Your personal belongings and house would be covered under this.

The other aspect is a third party claim. This would be a claim against the insured (your parents) for their negligence or liability. An example would be an invited visitor slips and falls in their house on a torn carpeted stair. Your parents would be liable for not up keeping the carpet and therefore the injured person would be entitled to a third party claim for his injury.

So the question is where would your claim fall, if at all? Most policies are going to consider you an insured under the homeowners policy since you are a blood relative and a resident of the home. I would think you would be covered under the homeowners policy as an insured which means you can not make a third party claim. You cannot make a third party claim because as an insured you cannot pursue a claim against yourself. For example - if I fall at my home I cannot sue my husband, as we are both insureds. Taking it a step further if you were not to be considered an insured I would ask what did your parents do wrong, what would make them liable? In order for 3rd party coverage to pay out your parents had to do something wrong. They had to know the drains were going to break.

So since third party is out that leaves a first party claim, which you would not be eligible for because cars are specifically excluded from first party coverage.

The coverage you need to file a claim under is your comprehensive auto. I hope that makes sense.

Answer 2

First of all, a relative living in your home DOES fall under the definition of "who is an insured" in your policy. Look and see. You are NOT legally an outside person. The named insured, however, has to file the claim.

Second, homeowners policies do NOT cover damage to cars. No way, no how, not ever. If you CAN put a registration tag on it, you CAN'T claim it under a homeowners policy. Doesn't matter if it doesn't run, and you're planting daisies in the front seat. You can call it a work of art and park it in your living room, it's STILL not contents.

Homeowners policies pay THE NAMED INSURED. So let's pretend that cars are covered - the check would go to your parents. It doesn't matter if you're over 18.

So you'll have to put a claim in under your "comprehensive" coverage on your auto policy, in order to get any coverage for this. Your parents certainly aren't responsible, as they didn't CAUSE the sewage drain to burst.

Answer 3

Normally damage to a vehicle that is not the result of a collision is covered under the comprehensive coverage on the auto insurance. That would include things like vandalism, blowing out a tire on a pothole, a tree falling on your car, damage from hailstones, etc.

Probably the only way this gets covered under your parents' homeowners insurance is if you sue them for negligence that lead to the damage to your car and win your case. Then their liability coverage on the house might pay.

If you are driving a car without collison and comprehensive coverage you are assuming the risk, which might make sense if the depreciated value of the car is low compared to the premium for the coverage. It would not make sense to pay $600 per year to protect a $1,000 car.

Answer 4

Any damage to the car is covered under your car insurance. if you don't have physical coverage, then you'll have to pay for it yourself. If you want to get really technical, you could probably go after your parents in a civil court?
If the insurance company finds out that you're living in their house, then that's fine. Your belongings are not covered. Any damage to your things, are not covered.
You can be added ot their policy as an additional insured to contents and liability only. Safest way to go.

Answer 5

If you live in the house, your personal belongings are covered. Even if you were just visiting, and something like this happened, the homeowner's policy should cover you under the liability portion. You should also investigate if your own car insurance policy might cover some of this damage. (it might be called "comprehensive coverage")

Answer 6

KarenB is right. Your car is not covered under their homeowners policy unless your parents are liable for the sewer backing up (don't think they will be). Cars are specifically excluded under the homeowners policy.

You parents should not have to pay for this. Turn it in to your auto insurance to have the damage fixed.

Answer 7

Please take this seriously....DO NOT FILE A CLAIM. Whether this seems fair or not (it's not!), after filing a claim of any size through your or your parents homeowners insurance, they will likely be subsequently dropped from the policy. It may be difficult if not impossible to get coverage elsewhere. This is independent of having good credit, a good track record with the company, etc. You have homeowners insurance for big things like fires, etc. Do not use it for this as the financial consequences are VERY likely to outweight your compensation from filing (if you are even able to file a claim). Good luck!

Answer 8

No, you have a legitimate claim and they will not deny it.

Even if I was parked there the insurance would cover my car in that situation.

Answer 9

it does not matter who you are in relation to the homeowner, if your car was damaged due to the home, it should be covered

Answer 10

No, but you can file a claim through your auto insurance company for repairs.