Can I sue my parent (the insurance policyholder) for not paying some of the deductible?

I just had a baby. Before the baby was born my parent said he would pay half of the $2500 deductible but he did not help us at all. Now when anyone covered on the insurance goes to the doctor, they only have to pay little to nothing because I paid the entire deductible alone. Can I sue my parent for half of the deductible since that’s what he told me he would pay for?

Asked on August 15, 2015 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot successfully sue, based on what you write: your parent is under no obligation to pay the deductible for you, either as a parent or as a policy holder. Furthermore, the law does not enforce "gratuitious promises," or promises made freely, without "consideration" (or receiving in return something or some promise of value): if you did not give your parent something of value in exchange for the promise to pay half the deductible, then the law will not enforce that promise and he may freely go back on it.


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