Sometimes people have questions about Georgia’s resident relative insurance coverage, which may allow a person injured in an accident to use a relative’s insurance coverage in certain situations where they aren’t otherwise covered. However, it is only necessary in some circumstances, and you may have other avenues to pursue compensation. In this article, we’ll take a look at resident relative insurance coverage, as well as other options for covering your damages after an accident.
I’ve Been Hurt In A Car Accident, Who’s Going To Pay These Medical Bills?
This is a common concern. Medical costs go up every day, and even minor injuries can be expensive. At the same time, even good health insurance rarely covers everything.
Where does resident relative insurance come in? If the at-fault driver’s insurance isn’t an option, and you do not have uninsured/underinsured motorist coverage on your auto insurance policy but live with someone who does, then you may be able to recover under resident relative insurance coverage.
First, you and your attorney should determine if other kinds of insurance coverage are available, as resident relative coverage is only useful when they are not. When you are involved in an accident due to someone else’s error, that party’s auto liability insurance typically covers your bodily injury and property damage. Similarly, in an accident where you are the at-fault party, your auto liability coverage covers the other party’s bodily injury and property damage.
But what happens in the following circumstances?
- In an accident, you are injured by a driver who has no insurance
- In an accident, you are injured by a driver whose insurance is inadequate to cover your expenses
- You are injured in a hit and run accident
If your auto insurance policy includes uninsured motorist coverage, your policy will help you out. Uninsured motorist coverage is part of an auto insurance policy that covers you, your passengers, and your car for bodily injury or property damage when an at-fault driver has no auto insurance. Underinsured motorist insurance provides the same coverage if the other party has insufficient coverage. (Remember that Georgia only requires motorists to carry $25,000 in bodily injury liability per person, and $50,000 per accident, plus $25,000 in property damage liability. If your injuries are serious, you could quickly exceed the coverage limits.) You would file a claim under that policy to recover for your injuries when someone without insurance or with inadequate insurance hits you or if you are injured in a hit and run accident.
And what if you do not have uninsured motorist coverage insurance?
No Uninsured Motorist Coverage
If you do not have uninsured motorist coverage on your auto insurance policy but live with someone who does, then you could recover under resident relative insurance coverage.
Does Uninsured Motorist Resident Relative Insurance Coverage Apply?
To recover under the uninsured motorist coverage of a resident relative, the person hurt in an accident must live in the same home as the person who holds the insurance policy (the insured) and must be that person’s relative. A resident relative:
Is a relative of the insured.
- Immediate family members, spouses, grandchildren, and grandparents are considered relatives of the injured person.
- If there is a question about whether a person qualifies as a relative for the purpose of the uninsured motorist policy, an experienced personal injury Atlanta, Georgia attorney like Ali Awad can help make that determination.
- For example, whether a divorcing spouse is considered a relative depends on the circumstances of the situation and the terms of the insurance policy.
Is a resident of the same home as the insured.
- The accident victim must live in the same home as the insured: an immediate family member who permanently resides with the uninsured lives in the same home.
- An experienced uninsured motorist attorney can evaluate whether a child who is away at college or an adult child temporarily staying with you is considered to live in the same household.
The legal team at CEO Lawyer Injury and Accident Attorneys would look at driver’s license addresses, bills, and other records and facts to determine whether someone is a resident of the same home as the insured.
Uninsured motorist coverage also covers “users” of the policyholder’s vehicle regardless of whether they are a resident relative. As long as you have permission to use the other person’s car, whether as a passenger or a driver, you should be able to make a claim on their uninsured motorist coverage. So if you don’t live with your relative, but had permission to borrow their car when the accident happened, you may still be able to make a claim.
Making a Resident Relative Insurance Coverage Claim – Do I Have to Sue My Grandmother?
The thought of making a claim (or suing!) to collect from a family member is daunting. Working with experienced attorneys in negotiating with insurance companies can ensure the process goes smoothly. It’s important to understand that your claim is with the insurance company, not the policyholder. Unless Grandma was driving the car that hit you, suing her is probably not necessary.
However, you will need to explain to her why you are making a claim on her insurance. It’s important to make clear that using your resident relative’s uninsured motorist coverage will not affect their insurance rates since they (the policyholder) were not at fault for the accident. Remember also that uninsured motorist coverage is designed for this scenario.
Often the insured relative has questions or concerns. An experienced attorney like Ali Awad can help to address these and put your relative at ease with the process.
Contact the Experienced Attorneys at CEO Lawyer to Explore Whether You Can Recover as a Resident Relative
Suppose you have been injured in an accident but are unsure how to recover under the uninsured motorist policy of a resident relative. In that case, the attorneys at CEO Lawyer have extensive experience in making sure you get a fair settlement.
Our experience can help:
- Determine whether you qualify as a relative and are a resident of the same home as the uninsured motorist policyholder
- Determine whether your relative’s uninsured motorist coverage can reimburse you for your injuries and car damage
- Negotiate with your resident relative’s insurance company
- Explore other options for pursuing compensation if resident relative coverage doesn’t fit your situation (for example, in some situations suing the other driver directly or suing third parties who may have contributed to the accident may be possibilities)
Take the stress and confusion out of trying to recover a settlement. Our injury and accident attorneys are here to help. Contact CEO Lawyer Personal Injury Law Firm for a free consultation.