Expert: Ron Cercone - 9/14/2009

Question
my son-in -law borrowed our car so he could get back a.nd forth to work. Three days ago he was arrested for dui after hitting a guard rail.
He has a state issued drivers license and insurance,
However we just found out that he is an illegal alien and is the process of being deported back to Mexico.
What are our options? Should we file a claim under our insurance or try to go after his insurance company?  

Answer
Well, I always advocate turning the claim into both and see who offers the best settlement. Of course you can't be paid by both, but you can choose to accept the better offer. Now in your case, if you go after your son in laws insurance and they deny coverage, then make the claim with your own insurer and let them try to collect back from your son in law and or his insurer. They will try to get all or part of your deductible back also.

Now be aware that there may be a clause in your own policy that says that if your car is available for "regular" use to someone, and they are not named on your policy, they might not cover the claim.