Reader Question about Medical Payments and Liability Coverage
I am in the process of filing a claim for injuries I sustained in an MVA. I have found this website to be very helpful. I am receiving conflicting information and will be most grateful if you can clarify a few things for me.
What I do not understand is (1)the coverage that I am eligible to receive per my policy which is listed below, (2)do the medical payments take away from the bodily injury and (3) since I have exhausted my medical payments, can I file more medical expenses under bodily injury?
If I understand this correctly, I may receive up to $250,000 for bodily injury to cover pain and suffering, lost wages, lost time, loss of consortium and future disability.
Bodily Injury Limits
Each Person, Each Accident
Property Damage Limit
Medical Payments Coverage
Limit - Each Person
A. DyeStaff Response:
Dear Ms. Dye,
It is important to know whether or not you were the driver of your vehicle at the time of the accident, and whether or not the accident was determined to be your fault.
Liability coverages cover injury claims (of others) for which you are responsible; but not your own injury. So if you were driving your vehicle, your own policy's liability coverages do not apply to you. Period.
However, if you were a passenger in your own vehicle and
the driver of your vehicle was at fault, then you could make a liability claim against your policy since it provides protection for your driver.
If the accident was not your fault, but was caused by another insured driver, then that driver's liability coverage would apply to your injury claim.
Whether or not the money you receive under the Medical Payments Coverage of your policy can be deducted from any money you could potentially collect on a liability claim depends on the laws of the particular state that you live in (which your email does not mention).
We hope that this information is helpful to you. Thank you for visiting our website.This information is provided for informational purposes only and is not intended to take the place of competent local legal counsel.