In many types of car accident cases there arises an issue of who is a resident relative. The resident relative may be entitled to coverage held by other relatives that are members of that same household. State Farm v. Smith, 206 Va. 280 (1965) In analyzing whether or not the claimant is a resident relative the analysis is whether the claimant intended to be a member of the household. Allstate v. Patterson, 231 Va. 358 (1986) In Furrow v. State Farm, 237 Va. 77, 80 (1989) the court defined a household as a collection of persons living together as a single group with one head under one roof. In Allstate v. Patterson, 231 Va. 358, 363 (1986) the court noted that the subjective intent is critical as to whether or not the person has resident status.
Resident Relative Car Accident
Household
In looking at the home, there are several things to be considered. Does the person have their own room? Where are their clothes and personal effects kept? Also do they have their own keys to the house? In addition are they allowed to use the home appliances?
In this regard, look at their license and vehicle registration. Also look at checks. Does the Police Report use that same address? Do the hospital records report that same address? In addition do they have bills using that same address? What address have they recorded on their tax returns?
Temporary Residence
Is the home where they’re staying a temporary residence? That is, the place where they’re sleeping at the time of the incident may be a temporary residence. Therefore you need to look at what is their full-time residence and where do they intend to go back to as a permanent residence. That is, even though they have a temporary residence, this may be a short-term lease. The named insured may be the guarantor on the lease. The temporary residence may be stocked with second-hand furniture. The named insured may reimburse the plaintiff for their rent and utilities. Plaintiff may still be on the named insured’s health plan. The plaintiff may not have their own auto policy. Also the plaintiff may go back to the household on a regular basis and only intends to stay at the temporary residence for a short period of time.
What is the Level of Participation?
You need to look at things such as how involved the claimant is in things such as cooking, cleaning, yard work, purchasing groceries. Does the claimant help pay for any household bills? How involved are they in recreation activities, church activities, family events?
Other Indices
There may be other indices of the person being a resident relative based upon who has legal custody of the person. If they’re a student, are they paying in-state tuition? Also after the crash, did they recuperate at this household? Are they receiving any public benefits that are based upon this household. Where are they registered to vote?
These are all things that need to be looked at in determining whether or not the person is in fact a resident relative.
Contact a Personal Injury Lawyer in the DMV Area For Help With Your Car Accident Case
Call, or contact us for a free consult. Also for more info on underinsured coverage see the Wikipedia pages. Also see the post on this site dealing with contract issues.
