Asked by user in Hawaii.
A member of my household, who is the negligent insured homeowner, caused my slip and fall injury. However, I keep seeing that a member of the same household can't file an injury claim. The insured is a relative and the only one who is on the insurance policy. I read that an insurance company won't cover him if I sue because I am a member of the household. But I didn't sign the insurance contract, only he did.
Lastly, the insurer's definition of "member of the same household" doesn't apply to me because I am only living at the house because of the COVID-19 lockdown. I am not a part of the household.
Anyways, I suffered 3 broken ribs, and needed to go to PT 2x a week for 8 weeks. I had pain and discomfort all that time.
So do you think I can win in court if I file a claim?
Generally speaking, the personal liability section of a homeowners insurance policy covers people who are injured in the home except for members of the household.
Every insurance policy defines the term "household" differently. For example, some policies define household to include family members living in the house full-time, whereas other policies include family members living in the house part-time or even living completely outside the home. Similarly, some policies only consider spouses and children of the named insured to be members of a household, whereas other policies extend to distant relatives.
The bottom line is that your chances in court depend on the specific language of the homeowners insurance policy (regardless of whether you signed the policy or not) and the court's interpretation of that language. Without reviewing the policy, I can't answer your question. Accordingly, I would recommend meeting with an attorney in your area to review the policy.
Keep in mind that, even if you can't file an insurance claim, you may be able to sue the at-fault party for damages.