Do All Family Members Get Uninsured Motorist Coverage Under A Virginia Insurance Policy?

Insurance coverage questions are always tricky. They often come up in the context of uninsured motorist coverage. Who is entitled to the coverage? How much coverage is there? When does the coverage apply? These are all questions that are raised after an accident and the answer can determine whether any money is available to the accident victim.
A recent Virginia Federal Court decision looked at who qualified as a resident of a household for purposes of seeing if uninsured motorist coverage was available. The accident victim was a passenger in a car, where there was not enough insurance to cover his claim. He made a claim against his father's automobile insurance policy on the theory that he was a member of the household since he was staying at his father's house at the time and had lived there off and on for years after graduating high school. The court said no, the son was not a household member because his presence there was only temporary and transitory. Key facts in the decision included evidence that the son had purchased a house and was in the process of moving in to his new house. He listed the new house address as his residence of record for several different purposes, including health insurance. The court did not believe that he qualified as a member of the household even though he was a member of the family. This decision highlights the need to maintain sufficient coverage in your individual insurance policy.

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