Can bodily injury amount be taken from a 2nd policy

by yourjunk » Fri Sep 05, 2008 11:57 am

I live in Texas my 17 year old son was in an accident - his fault- his passenger had medical bills exceeding the 50,000 per person limit I had on the policy for that car. I realized that I had a seperate policy covering a different vehicle. Different policy same company different agent with a 100,000 bodily injury per person, Same people covered on policy. I know we can't "stack" that bodily injury limit but can we go after the 100,000 max rather than just the 50,000 for her? They have no health insurance and I am not even sure that State Farm tried to negotiate the medical bills down before paying them. If I find out they did not is it to late to dispute them since the bills were already paid?

Total Comments: 1

Posted: Fri Sep 05, 2008 04:55 pm Post Subject:

If SF is your carrier, they cannot negotiate the bills down. They have no legal right to do that.

I'd highly recommend that you request SF open a claim under that other policy and consider coverage. I would say that the vehicle involved in the accident is going to provide the coverage but I also think there might be some chance of getting those higher limits. That is, I can't see that it would hurt to file he claim. Your agent or other parties may want to simply _tell_ you it won't provide coverage but they would be required to accept the claim notification and consider coverage under that policy. They would also need to send a written denial. Again, if they give you verbal static about accepting the claim, just insist on a written denial.

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