Sometimes the at-fault party in an Atlanta car accident or a Savannah motorcycle accident doesn’t have valid insurance coverage. Can the injured victim still pursue a claim? If he or she has uninsured motorist coverage, the answer is yes. Occasionally an injured party doesn’t have uninsured motorist coverage on their own policy, but they do live with someone who has that type of coverage. If that is the case, we investigate to see if the resident relative coverage rules apply.Resident-relative insurance coverage?
In Georgia, if you are an adult living in the same house as someone with uninsured motorist coverage, you can be covered by their policy in the event of an accident. For this coverage to apply, the injured party must truly reside with the insurance policy holder and be related to the policy holder.
Since every case is different, each must be evaluated based on many individual factors to see if resident relative coverage applies. Such factors considered are the relationship to the insurance policyholder, how long the injured party has resided in the home, and whether or not the accident victim planned on living there for an indefinite period of time.
In many cases, it is clear whether or not the accident victim is a resident. Immediate family members who reside together are obviously all members of the same household. Other adults who reside in the home such as grandparents are covered as well. Sometimes, though, the answer is not so clear cut.
Is a son or daughter visiting home from college a resident relative? Courts have frequently determined that the answer to this question is yes, as long as the child has maintained their parents’ address as their permanent address.
What about a couple who is separated or divorced? If a person moves out of the home they shared with their partner, can they still be covered by the uninsured policy of their ex? What if they have moved in with their parents after the split? Are they covered by their parents’ uninsured policy? In these situations, many issues must be investigated. Questions must be answered such as whether or not the injured party intended to live in a new household permanently, or if they only planned on staying temporarily; whether they had another place of lodging that they resided in at the time of the accident; and what address the person considers his or her permanent address, evidenced in part by what is listed on a drivers license.
These are the situations where further investigation is required, and a consultation with an experienced injury attorney will be necessary to evaluate the details of your particular case and living situation.
To learn more about purchasing automobile insurance in Georgia, order Ty’s FREE book, The Consumer Awareness Guide to Buying Car Insurance in Georgia. The insurance companies won’t give you this information, so Ty will!
If you have specific questions and would like to speak to an attorney, give Ty a call at 866-937-5454.