Legal Question in Insurance Law in Pennsylvania

Sueing

A non family member living in my home was hit by a pickup truck while walking to the bus stop and is hospitalized. The pickup has no affiliation with me or my family and claims to have auto insurance. Can the individual living in my home make any claims against either my automobile or home owners insurance. Can they claim to be a resident of my home if they have only lived here for approximately 3 weeks? What is the law to establish residence?

State: Pennsylvania City: Philadelphia


Asked on 6/07/99, 9:48 pm

2 Answers from Attorneys

Patrick Henigan Eckell Sparks

Re: Sueing

Your auto policy will cover only "resident relatives". If the fellow is not related, his medical bills should be paid either by the pick-up's insurance or the assigned claims plan. He should have no claims against you by virtue of his residency. The victim should also get a lawyer to help with the billing. If he does not have his own insurance, bills may be initially returned to him.

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Answered on 6/11/99, 9:11 am
William Marvin Cohen, Placitella & Roth, P.C.

Re: Sueing(non-relative resident hurt)

As a Philly lawyer, I'd be happy to consult with you or your housemate.

PA's auto insurance law has a very complex set of priorities for the different types of benefits which are available. Naturally, I can't give any real opinion without having all the facts, etc.

But, as a general matter, the only way someone can be "insured" under your own policies is if they're a household member, which is usually defined as a resident and relative. 3 weeks is long enough to be a resident, but the relative part would seem to make it impossible for the person to qualify for any benefits (assuming you didn't add them as an additional insured on your policy).

Check your policy for the definition of "who is an insured." Dollars to donuts it's only resident relatives.

If the person doesn't own a motor vehicle, and isn't "insured" under anyone else's policy, then they are probably entitled to claim PIP (i.e.,no-fault) benefits from the insurance on the truck, as a vehicle involvedin the accident. Then they're also able to claim additional damages if the pickup's driver was at fault. (That depends on whether it's a "run-down" or "dart-out").

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Answered on 6/09/99, 10:57 pm


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