My wife and I were involved in an auto accident recently. We were hit from behind while waiting at a traffic light (red).
They other diver aggreed that it was his fault. Both of us have auto insurance from same company. His policy is covering damage to my car. My insurance company (which is same as his) says I get health coverage from my policy and not his policy.
Since it is from my policy, they say, I am subjected to deductibles and co-pay.
My question is
a) Is it true that irrespective of whose fault it is, I get health benefits from my policy?
b) If the other driver’s policy is covering my medical expenses, will I still have to pay for co-pay and deductible? After all it is his fault and why should I bear additional cost?
c) I have bodily injury liability in my policy. Similarly other driver must be having the same. That means his policy should pay me.
SEO 9:29 am on February 8, 2010 Permalink
You have here what is referred to as a third party claim. You have the right to be reimbursed for your pain and suffering, medical bills and legal costs. You should be awarded a lump sum. Do not go it alone, you must get an attorney to look after your interests and get the best possible outcome. When you commence such an action the other parties insurance pays all costs.
purplepinkanddots 9:29 am on February 8, 2010 Permalink
The state that you live in has a great deal to do with how a medical claim is paid in your state. There are some states where the Bodily Injury portion only comes into play if you are travelling out of state.
If you live in a state where the medical coverages on your policy are referred to as PIP (Personal Injury Protection) then that will probably be the first coverage that applies in the event of medical injury.
For instance, in the state of New Jersey, for PIP you select a limit (the most that will be paid per person per accident), a deductible (ranging from $250 to $2500), whether or not your auto insurance company or your health insurance provider will be "primary" (pay first), and also levels of non-medical expenses potentially covered.