I was involved in a car accident as passenger a year ago, August 2013 in Glendale, California. My brother, the driver, and his wife were not badly injured, but I was. His blood sugar went so low and lost control while exiting the freeway and crashed to a traffic sign pole. No other driver/vehicle involved. He has consulted two lawyers. One advised him that we cannot file a claim for bodily injury because of the exclusion in the auto policy. But the other lawyer said I can, even though I live with them and has the same address. Is this true?? I would like to file a claim for bodily injury provided my brother will not be financially affected by lawyer's fee and over coverage claim. He has 100/300K bodily injury coverage and $5,000.00 for medical expenses. MY health coverage (Medicare) paid ffor my hospitalization and other medical bills after the $5K has been exhausted. The exclusion in his auto policy is stated as: "We (insurance co.) do not provide liability coverage for bodily injury to you and any relative whenever the ultimate benefits of that indemnification accrue directly or indirectly to you or any relative."
Contact another local and qualified attorney. The answer in NY would be yes.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Given your serious injuries, you should definitely consult with another attorney to review the policy and case law in CA regarding the coverage issue.
Best thing you can do is to meet with a personal injury attorney to review your brother's policy and pursue a claim if the policy provides coverage. Issue will be around how the exclusion language is written in the policy. The matter would be paid by his insurance, so he would have no financial loss, other than a rise in insurance rates, which has probably already happened if a claim was made under comp or collision coverage, or to fix the sign pole. Get your own attorney; do not wait for your brother to do it for you.
The policy would need to be reviewed by a local personal injury lawyer to know. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
The first step is to get a copy of the policy brochure. You will be most likely looking to the resident relative exclusion if the policy contains one. Then you will need to determine if you fit within the definition of a resident relative - quite frankly this is not an easy interpretation. We have litigated the issue successfully both ways so there may not be a clear answer until the claim is actually pursued. You will need to sit down with an attorney armed with the policy for review.
It sounds like you have a good case. You should hire a lawyer to make a claim against your brother's insurance company. You will not be suing him but make a CLAIM under his policy. And, no, your bother will not be financially affected by lawyer's fees. Looks like he has adequate insurance to fully cover your claim.
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This depends upon the terms of the policy itself which you should have reviewed by an attorney. "Resident Exclusions" are common in many auto policies but, there are exceptions to these provisions and the language must meet certain criteria to be valid.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.
It all depends on what your brother's policy says. Usually, resident's of an insured are considered an insured and therefore cannot pursue a claim for bodily injury against the insured driver. You should consult with a personal injury attorney in Glendale to review the policy and other documents to give you a final answer.
You are asking several different questions. As a passenger in your brother's vehicle, it would seem that you would be entitled to have the carrier make payments towards your medical expenses (up to $5,000) under his Medical Payments coverage.
With respect to a potential bodily injury claim, it is more than likely that your brother's insurance policy includes a "resident relative" exclusion. That exclusion will prevent the carrier from having to pay on a bodily injury claim to a person who is a relative (by blood or marriage) living with the insured. Most all policies include that exclusion and it would be highly surprising if that exclusion was not included. You should check your brother's policy.
If the carrier denies coverage on your bodily injury claim, you could still file suit against your brother (and his wife if she was a co-owner of the car), however you would be trying to collect payment from them personally. Plus if you are living with them, that might make things really uncomfortable.
***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.
Get a full copy of your brother's insurance policy and take it to a well-qualified personal injury attorney and describe your problem.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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