Can I file a claim for theft of a boat trailer both with the State and with my insurance company?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 24, 2010

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Insurance Question from Germantown, TN

Asked on 05/24/2010

Can I file a claim for theft of a boat trailer both with the State and with my insurance company? I have filed a claim with the State Claims Board for replacement value of my boat trailer that was stolen while in a locked storage lot a State Park, which may or may not be approved. Can I also file a claim with my ins. co. for the amount of insurance (@ 50& of replacement cost) I have on the trailer. If the State will only pay the amount of purchase, I would not be able to replace the trailer as the cost has gone up @ 43%. If I can file with both insurers (are they both liable?) it would cover my costs.

Answer given on May 24, 2010

You can certainly file claims with both entities, but you can expect that any payment from the state will offset the payment from your insurance company.  And any payment made by your insurance company will cause THEM to pursue any other liable party for reimbursement.  So you will not receive payment for the same loss twice.  You will need to inform each company about your claim with the other as well – trying to hide it would fall into the category of insurance fraud.  And if your insurance company doesn’t take that seriously (which they do), the state most CERTAINLY will!


If you are completely up front with both companies about what you are doing, then you have nothing to LOSE by filing claims with both.  You may not have anything to GAIN, but at least you won’t be risking jail time.

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