Alaska Resident Relative Claims: When a Family Member’s Auto Insurance May Cover You

If you are injured in an Alaska car accident, you may have insurance coverage available through a family member who lives in your household. In some circumstances, an injured person may qualify as a resident relative under an auto insurance policy and may be able to make a claim for uninsured or underinsured motorist benefits.

This coverage can become especially important when the driver who caused the accident has no insurance or does not have enough insurance to cover the resulting damages.

What Is an Alaska Resident Relative Claim?

An Alaska resident relative claim is an insurance claim made under an auto insurance policy covering a family member who lives in the same household as the injured person.

Whether coverage applies depends on the specific insurance policy, the relationship between the people involved, household residency, and the circumstances of the accident. The policy language and applicable Alaska law must be reviewed before determining whether coverage exists.

A resident-relative claim most often arises in connection with uninsured motorist (UM) or underinsured motorist (UIM) coverage.

Example of a Resident Relative Claim

Suppose you live with your adult daughter in Anchorage. You are injured in a collision caused by another driver who carries only a small amount of liability insurance.

Your daughter has an auto insurance policy that includes underinsured motorist coverage.

Depending on the policy language and the circumstances, you may qualify as a resident relative and potentially make a claim under your daughter’s UIM coverage even though you were not driving her vehicle.

That is why it is important to identify all potentially applicable insurance policies after an Alaska accident.

Who Qualifies as a Resident Relative?

Insurance policies commonly define a resident relative as a person related to the named insured who lives in the same household.

However, living at the same address does not automatically answer the coverage question.

Insurance policies can contain specific definitions and requirements concerning:

• Who qualifies as a relative
• Whether the person must be related by blood, marriage, or adoption
• Whether the person must live in the same household
• Whether temporary absences affect residency
• Whether a college student or other temporarily absent family member qualifies
• Whether the injured person was occupying a vehicle
• Whether the policy provides UM or UIM coverage

The precise policy language matters.

Why Resident Relative Coverage Matters After an Alaska Accident

Alaska law requires drivers to carry minimum liability insurance, but minimum coverage may not fully compensate someone who suffers serious injuries.

For example, an injured person could face substantial medical expenses, lost income, future medical needs, and other damages. If the at-fault driver’s insurance is insufficient, underinsured motorist coverage may provide an additional source of recovery if applicable coverage exists.

A resident-relative claim can sometimes provide access to coverage that an injured person might not realize was available.

This is one reason accident victims should not assume that the at-fault driver’s insurance policy is the only policy that matters.

Can I Make a Resident Relative Claim If I Was Not Driving?

Possibly.

Resident-relative coverage does not necessarily require the injured person to have been driving the insured vehicle. Depending on the policy and the circumstances, coverage may apply when a resident relative is injured:

• As a driver
• As a passenger
• As a pedestrian
• As a bicyclist
• In another vehicle
• In certain other circumstances covered by the policy

The answer depends on the particular insurance policy and the facts of the accident.

What If the At-Fault Driver Has No Insurance?

A resident-relative claim may be particularly important when the at-fault driver is uninsured.

If you qualify as an insured under a household member’s uninsured motorist coverage, that policy may provide benefits for injuries caused by an uninsured driver.

This is commonly referred to as an uninsured motorist (UM) claim.

The availability of UM benefits depends on the applicable policy and the circumstances of the accident. The claim may involve issues concerning who qualifies as an insured, whether the other driver was uninsured, and whether any policy exclusions or limitations apply.

What If the At-Fault Driver Has Some Insurance but Not Enough?

This situation may involve an underinsured motorist (UIM) claim.

For example, assume another driver causes a serious accident and has liability insurance. The available liability coverage, however, is not enough to cover your medical expenses, lost income, and other damages.

If you qualify as an insured under a household member’s UIM policy, that policy may provide additional coverage, subject to the policy terms and applicable Alaska law.

A UIM claim can involve complicated questions about available limits, damages, settlements with the at-fault driver’s insurer, and the requirements of the applicable policy.

Can Multiple Insurance Policies Apply to an Alaska Accident?

Yes, potentially.

After a serious accident, more than one insurance policy may provide coverage. These policies could include:

• The at-fault driver’s liability insurance
• Your own uninsured or underinsured motorist coverage
• A resident relative’s UM or UIM coverage
• Medical payments coverage
• Other potentially applicable insurance coverage

Determining which policies apply requires reviewing the policies and the facts of the accident.

Do not assume that the first insurance policy identified is the only source of coverage.

What Should I Do After an Alaska Accident?

If you are seriously injured, take steps to protect both your health and your potential insurance claims.

1. Seek medical attention

Follow your healthcare provider’s recommendations and keep records of your treatment.

2. Report the accident

Report the accident to the appropriate law enforcement agency and your insurance company as required.

3. Identify every potentially applicable insurance policy

Ask whether you, your spouse, or another resident relative has auto insurance that includes uninsured or underinsured motorist coverage.

4. Do not overlook household policies

A resident-relative claim may exist even when you were not driving the insured vehicle.

5. Be careful when discussing your claim with insurers

Insurance companies may ask for statements, medical records, releases, or other information while investigating a claim. Before signing documents or making a recorded statement about a significant injury claim, understand what you are agreeing to.

6. Have the coverage reviewed

Insurance coverage questions can become complicated when multiple policies or household members are involved. An Alaska personal injury attorney can review the applicable policies and help determine whether additional coverage may be available.

Frequently Asked Questions About Alaska Resident Relative Claims

Can I use a family member’s uninsured motorist coverage after an accident?

Possibly. If you qualify as a resident relative under the policy, you may be an insured for purposes of UM coverage. The policy language and circumstances of the accident determine whether coverage applies.

Does a resident relative have to live in the same house?

Generally, residency is an important part of a resident-relative coverage analysis. However, insurance policies define residency differently, and temporary absences can create additional questions. The policy should be reviewed rather than relying solely on an address.

Can an adult child qualify as a resident relative?

Potentially. An adult child may qualify if the policy’s definition of an insured includes that relationship and the child meets the policy’s residency requirements.

Can I make a resident-relative claim if I was a pedestrian?

Possibly. Some UM/UIM policies provide coverage to insured persons who suffer injuries as pedestrians. The specific policy and circumstances must be examined.

Can I make a claim under more than one insurance policy?

Potentially. Multiple policies may apply to an accident, but the policies may contain provisions addressing other insurance, limits, priority, or offsets. An attorney can review the policies to determine how they may interact.

Does making a resident-relative claim mean I am suing my family member?

No. A claim under a resident relative’s insurance policy is generally a claim for benefits under the insurance contract. The family member may be the named insured or policyholder, but that does not necessarily mean the family member caused the accident or is personally responsible for your injuries.

How long do I have to make an Alaska resident-relative claim?

The applicable deadline can depend on the type of claim, the insurance policy, and Alaska law. Because missing a deadline can affect your rights, it is important to evaluate potential claims promptly after an accident.

Why a Policy Review Matters

Resident-relative claims can involve more than simply determining whether two people live together.

The analysis may require reviewing:

1. The definition of an insured under the policy
2. The definition of a resident relative
3. UM and UIM provisions
4. Other insurance provisions
5. Coverage limits
6. Exclusions and conditions
7. The circumstances of the accident
8. The nature and extent of the injuries
9. The insurance carried by the at-fault driver
10. Applicable Alaska law

For that reason, an insurance company’s initial position on coverage should not necessarily be treated as the final answer.

Understanding Your Other Insurance Coverage

A resident relative claim is only one potential source of insurance coverage after an Alaska accident. Your claim may also involve uninsured or underinsured motorist coverage, medical payments coverage, homeowners liability insurance, or, in some circumstances, an umbrella insurance policy. Understanding how these different types of coverage work can help you identify policies that may apply to your injuries and damages.

Alaska Personal Injury Attorneys Who Understand Insurance Coverage

When an Alaska accident causes serious injuries, determining who is responsible is only part of the process. Determining what insurance coverage may be available can be equally important.

Johnson Law, P.C. represents people seriously injured in accidents throughout Alaska. We investigate and help injured Alaskans understand their legal rights and options. If you are injured in an accident caused by a distracted driver, it is important that you hold that person responsible for their negligence. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Disclaimer: This article series provides general educational information about insurance protection in Alaska. However, it is not legal advice and does not create an attorney-client relationship. Because every case is unique, consult a qualified Alaska personal injury attorney about your specific circumstances.

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