This accident happened in California, so California law applies. Situation is a passenger riding in the car with her cousin got injured, they are blood related but they do not live in the same household, the driver was at fault. The driver has a form U-622 California automobile coverage
Based on your language, yes you can. But there are MANY other insurance issues that you need to address such as: 1) is there med pay coverage, 2) do YOU have auto coverage that provides for Medpay and/or Under Insured Motorist coverage. And most important, California's UM/UIM law allows you to access any relatives UIM/UM coverage if that person lives in YOUR household. I've utilized 3 different policies in the same household before. Good luck!
Every policy is going to have different language, so it pays to have the policy reviewed by an attorney. But, generally speaking the family or household exclusion will commonly take such form as:
“This insurance does not apply under Coverage A to bodily injury to any insured or member of the family of the insured residing in the same household as the insured.
There may also be language that provides: “We do not provide Liability Coverage... For bodily injury to you or a “family member" and then go on to define “Family Member” as “a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child.”
A "blood" relative may be excluded, but again the proper assessment requires a look at the totality of the policy.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I see no reason why you could not sue your cousin. 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 .com dealing with many of the issues you are now facing.
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.
