An adult who is living with a named insured and is not married or legally related to the named insured is not "related" to the named insured for purposes of coverage under a uninsured motorist insurance policy. In other words, if a boyfriend and girlfriend are living together they are not considered "resident relatives" under Hawaii car insurance law. However, the Supreme Court of Hawaii did rule that an uncle of a named insured's wife is a "resident relative" under Hawaii law for purposes of
underinsured motorist coverage.
The Supreme Court of Hawaii has also considered whether the claimant was raised in the household of the named insured from the time of "his or her minority". In determining whether someone is considered a resident relative for purposes of a Hawaii underinsured or uninsured motorist claim the Supreme Court has also considered Hawaiian customs. The Supreme Court stated: While Hawaiian law, by ancient custom, by statute, and by court decisions, has always extended the fullest protection to adopted children, it has also carefully preserved, beginning in pre-discovery times, a distinction between a person legally adopted, a "hookama", and a person merely cared for, a "hanai"."
If you have any questions about motor vehicle accident laws, please call our office for a free consultation. We have offices in Downtown Honolulu as well as in Leeward Oahu. Also, we can meet with you at your home, at the hospital, or whether it is convenient for you. We have many years of experience in helping the people of Hawaii obtain fair compensation when they have been injured in an automobile accident.