by GHG7F0 » Wed Aug 13, 2008 03:20 am
I was in a accident last year as a passenger. My daughter was driving and deemed to be at fault. The claim was against my insurance, since it was my car. I have had back pain for a year now and contiunue to go to Chiropractor, doctor, massage etc., what are my rights if any?
I had a mri and the only thing they found was arthritus, but I still have pain. Any advice to help with the pain or the claim.
I had a mri and the only thing they found was arthritus, but I still have pain. Any advice to help with the pain or the claim.
Posted: Wed Aug 13, 2008 04:40 am Post Subject:
If it's your policy and you allowed your daughter to drive then she is an insured under your policy. I had to look over a personal auto policy but I did not find any exclusion that would apply if both parties could be considered an insured under the policy. So... I think your daughter is legally liable for your insured. As she is an insured under your policy, you can file a claim under your own policy, against your daughter. I'm looking at a pretty much standard (ISO) policy so it's possible that some insurance companies might be able to add some type of exclusion for this. But I don't think so.
Posted: Wed Aug 13, 2008 05:10 am Post Subject:
Well, I see no problem with the claim whatsoever, since your daughter was a ‘listed driver under the policy. Hence, the insurer will cover the expenses of the injuries.
The situation is pretty straight forward as there is no third party insurance involved. However, the diagnosis may or may not have resulted from the accident. Hence, if it is not an outcome of the accident, the auto insurer will not cover it.
You can check out with your health insurance policy, it may cover the medical bills and the chiropractor bills.
Thanks,
jeorge
Posted: Wed Aug 13, 2008 05:47 am Post Subject:
Hi...you said that your daughter was deemed to be at-fault. I'd rather request you to guide us through some more information eg. wherein did this accident take place?
This very thing 'deemed to be at-fault' would set a reason for debate since there are instances wherein neither parties could be held 100% responsible for an accident..
I've heard of 'Comparative negligence states'...which is why I'd like to know which state you're from!
If you're from a such a state...then even if you or your daughter are partially at fault you could certainly be eligible for compensation for injuries to the extent of the other party's negligence. Lets see what the seniors have to say in this regard.
ArindamSenIndies
Posted: Wed Aug 13, 2008 09:50 am Post Subject:
If your policy will allow you to file a bi against it as a passenger then that's what you need to do..are you in a PIP state do you know? Or do you have medpay? Has the adjuster mentioned any injury settlement? Or medical payments? You need to contact them and discuss this...
Re: your pain, if you have been treating with a chiro over six to nine, months you've (more than likely) got all you're gonna get from chiropractic help (IMO)...time to look else where for relief. (btw, arthristis can be very painful)
Posted: Thu Aug 14, 2008 05:45 am Post Subject:
I'm from California and I have medpay for 5K after my primary pays (they call it excess). They have paid my bills so far and they have paid about 2K so far. I'm still in pain and that is my primary concern. Second I'm worried I will never get back to my prior condition and worry about future treatment cost. Any advice is appreciated. Also my daughter wasn't on my policy, she was visiting from her mothers and crashed my car with me in it.
Posted: Thu Aug 14, 2008 09:24 am Post Subject:
She was still considered an 'insured' driver though because you gave her permission...ask your adjuster if you as a passenger are entitled to BI coverage (this is liabity coverage)...some states exclude the named insured...some don't...you need to ask this..if so then depending on your limits...there should be enough coverage to get this figured out...have you considered going to your GP? Most carriers will put a halt to the chiropractic treatments after awhile...and clearly they aren't helping.
Posted: Fri Aug 15, 2008 07:31 am Post Subject:
I agree with Lori, you can still go through your policy as she was driving the car with permission from you. The insurers extends the policy benefits to such cases.
California is not a PIP state, hence you may only have the option to file the claim under the BI section, if your insurer permits so.
however, in absence of PIP coverage, you can also seek coverage under the health plan.
Posted: Fri Aug 15, 2008 09:04 am Post Subject:
Lori,
She was still considered an 'insured' driver though because you gave her permission...ask your adjuster if you as a passenger are entitled to BI coverage
Does this imply that one can present himself as a liability under his own auto policy? In which cases is it actually possible?
Can you show some instances where the party received compensation under his own liability policy?
Posted: Fri Aug 15, 2008 09:34 am Post Subject:
Does this imply that one can present himself as a liability under his own auto policy? In which cases is it actually possible?
Yeah, I think it 'might' get denied Tcope didn't think so and he may be right...it's no different than states (mine included) that did away with spousal ammunity...if my husband and i are in the car, both are named insured's he is driving rearends someone, hurting me, I can still present and collect a bi (liability) settlement against my own policy...is there collusion possible? absolutely...Add your comment