Search Site
Common Situation 9 – Are Roommates Covered By Uninsured / Underinsured Coverage?
Common Insurance Situations in Mass Auto Accidents
Common Situation 9
A bicyclist is a student living with several roommates, all of whom own cars with uninsured motorist coverage under Part 3. The bicyclist is injured by a driver whose identity is not known. Can the bicyclist get uninsured motorist coverage from any of the roommates’ vehicles?
Answer to Common Situation 9
No. Uninsured motorist coverage requires that the person seeking it be related by blood, marriage, or adoption. Personal Injury Protection benefits coverage (PIP) does not have that limitation as it covers anyone living in the household. In contrast, uninsured and underinsured coverages require that the recipient be “anyone living in your household who is related to you by blood, marriage, or adoption.” This fact scenario was covered in the very recent case of Kanamaru v. Holyoke Mutual Insurance Co., 72 Mass. App. Ct. 396 (2008) denying uninsured benefits. Actually, it was even more unfortunate because the plaintiff in that case went to the extent of having himself listed as an operator of his roommate’s vehicle and yet the Appeals Court still ruled that he could not recover.
Again, Massachusetts insurance law is exceedingly complicated because if the plaintiff were a passenger in any of the roommates’ cars, all agree that he could have access to uninsured motorist coverage. However, because he was a bicyclist, and therefore deemed a pedestrian, under Massachusetts insurance law, he could not obtain these benefits.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
-
5.0/5.0
Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
-
5.0/5.0
I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...
-
5.0/5.0
I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...
-
5.0/5.0
Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...
Choose a location to review
Feinberg & Alban PC Law office locations:
Awards & Affiliations
Contact us
