In my blog of December 16, 2020, I discussed Uninsured / Underinsured Motorists Coverage (UM/UIM) and the absolute importance of having this coverage. After all, about 1 in 7 drivers on the road in Texas, does not have car insurance. UM/UIM insurance covers more situations than when your car is involved in an accident caused by another driver without insurance.
Recently there was a situation where an adult child living with his parents, who as a pedestrian crossing the street, was struck by an uninsured driver. The injured person did not own a car. However, his parents did have car insurance with the UM/UIM coverage. The policy provisions for the UM/UIM coverage stated that an insured person is defined as “You or any family member.” Going back to the definitions section of the policy, ‘Family Member’ is defined as “a person who resides with you and who is related to you by blood, marriage or adoption…” Fortunately in this case it was determined that the UM/UIM insurance coverage would cover the injured person’s damages.
Personal automobile policies in Texas can run 30 or more pages. There is no such thing as a ‘standard’ policy. Auto policies, even from the same company can have different language, depending on coverage options that one chooses. Coverage, benefits, exclusions, and limitations provisions are not easy to interpret.
If you or a family member are involved in an accident where the party at fault did not have insurance, contact the Law Office of Elliott Klein PLLC for a consultation.