Here is a typical and all as well , familiar scenario. Months and even years after your divorce, you hand the keys to your minor child, who negligently wrecks issues and seriously injures another one motorist. You promptly start the claim into their insurer, thinking that your son or daughter is covered under car policy, only to is shocked that the insurer denies the claim. As well as both you and your youngster have been sued with the injured driver for plenty in medical bills then lost wages, and you have the prospect of unique liability and possibly personal.
There are two major reasons why the insurance firm might deny the affirm your child is not a “named insured” neither of the 2 a “resident relative” underneath the policy. If auto insurance in california is not a “named insured” listed in most of the policy, the policy frequently still provide coverage to suit “resident relatives” of relatives. But here’s the problem with flexible baby arrangements and written preparations that do not state “residency” issues, where is the child actually residing Within parent’s home Or every Or even at a 3rd home if time may be spent living with grandfather and grandmother The question is can there be anything you can do today ensure that your triumph children will be covered with insurance in a future chance under one or both equally parents’ insurance policies This is what accident scenario has been recently frequently litigated.
Courts examining this issue have focused on exactly what constitutes “residing” with an important parent for purposes associated with satisfying the “resident relative” requirement of the insurance cover. One factor courts will look to will be the language of the divorce proceedings or dissolution decree , visitation agreement. For example, if the agreement allows for that the minor “alternately resides with each elder under a custody or perhaps a visitation arrangement,” it will certainly carry persuasive weight whether or not the minor was a meaningful resident of one and it could be both homes. Some procedure have recognized the associated with “dual residency” for reason for meeting the “resident relative” requirement, and have decreased the notion that the can only “reside” in a single home.
Courts that now utilize a dual post degree residency standard have remarked that the concept within the minor’s “dual residency” is a very common reality in divorces situations. Litigation aside, there are three simple and pressing steps you being a parent can take now, BEFORE An Accident EVER OCCURS, of ensure your youthful children are covered no more than your auto rules. The first is to reach for your agent, by writing, and aware him or your woman’s that your kid will be commuting the vehicles to occasion, and pose that your young child be listed the way a named covered under your guideline.