The policy holder of the at fault vehicle was in the passenger seat. The driver is not on the policy though. My car was badly damaged. I will have to miss work and school, my passenger was injured and so was I. The at fault driver hit me while trying to make a u-turn from the right lane. They both admitted fault.
2007-08-29 04:16:54 · 8 answers · asked by djacquelynstew 1 in Cars & Transportation ➔ Insurance & Registration
the driver of the vehicle, listed on the policy or not, obviously had permission to drive the vehicle since the owner was riding in the front seat.
so, as for your vehicle damage, if the at fault driver carries property damage coverage on their policy, then file the claim with his insurance company and get your car fixed, they should get you a rental in the meantime.
as for you and your passengers injuries..
ohio isnt a no fault state-that means you do not carry pip.
that makes tort in effect-basicly, the adjuster will lowball your injury payment and you may find you need a lawyer.
therefore both of you will collect for your bodily injury assuming the at fault driver has "bodily injury" coverage on their policy.-but you will get nothing now-can take a few years.
so you will need to pay your medical bills in the mean time.
if you have an additional coverage on your policy called medical payments you can use that primarily, and then your insurer will "subrogate" there money back from the at faults driver-you only, not your friend.
you may use your health insurance at this time, but im sure they will put a lein on any assets from the payout or settlement to be reinbursed.
and lastly, if you dont have medical payment coverage, and your health insurace denies this claim (which they can) you can collect from your uninsured motorists coverage on your auto policy, assuming you have it on your policy, and then your insurance company will get that money "subrogated" returned to them.
your friend may use his health insurance or his medical payment coverage from his very own auto insurance in the meantime. if you are NOT at fault, he will not collect from your policy.
your car:
your car will be repaired by at fault drivers insurance, only if he has property damage coverage, if not, pay your deductible and use your own insurance, if you dont have collision coverage-OUT OF LUCK. -small claims?
your injuries:
seek medical attention, to pay use,
your
"medical payments"coverage (primary)-if not available...
"health insurance" (next option) -if not avialable...
"uninsured motorists" coverage (last coverable option until you get your settlement from your damages)
if you have none of these things, and the at fault driver has none of these things, all you can do is sue him personally.
2007-08-29 05:25:41 · answer #1 · answered by ktlove 4 · 1⤊ 2⤋
Uninsured Motorist Coverage
Pays damages for bodily injury or death caused by an uninsured driver or hit and run driver who is legally responsible for the accident.
Example: A vehicle running a red light hits you on the passenger side of your vehicle. You require medical attention. Unfortunately, the other driver does not have insurance. Your Uninsured Motorist will cover you to the limits on your policy.
2007-08-29 15:17:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hmmm....
Really quite interesting answers you got but...speaking as a prior claims adjuster for Ohio.....(gosh..and knowing what the heck I'm talking about)........
Just because someone isn't listed on a policy doesn't mean that they are not insured.
As long as the person driving the other car wasn't specifically excluded and had the OWNER's permission to drive - he should be covered under the policy.
Does that make you feel better?
Regardless of who was at fault.......make sure you report the accident to your insurance company. They can act in your best interest to make sure everything goes like it is supposed to go.
JUST KEEP THIS IN MIND>> No matter what..YOU must mitigate your damages. That means you take care of you and you take care of your car. You wouldn't sit around and bleed to death because you didn't know who was going to pay for it and you wouldn't let your car sit in a tow lot for months on end just because you didn't know who was going to pay for it.
Sometimes people get themselves into such bad situations because they just didn't do anything...they just sat around and waited for help to come around. The other insurance company won't be responsible for excessive charges because you didn't do anything....
That's another reason it is in your best interest to give your insurance company a call. So you don't end up in a bad situation.
Other stuff?
Keep all your bills, have recpts for your out of pocket expenses, keep track of your mileage and time missed from work. Keep track of things that you are not able to do because you are injured. The same goes for your passenger.
Hope you all are doing ok and back to 100% soon.
Goodluck!
~jifr!
2007-09-01 21:20:45 · answer #3 · answered by Jifr 4 · 1⤊ 0⤋
The Insurance on the car will still pay for your damages if he had permission from the named insured. The named insured insurance will pay for your car, and the at fault drivers insurance if he has any, will pay for the named insureds car. Dont let those adjusters fool you because they will try. If he did not have permission , still file a claim with the other insurance policy and let the police get involved because if he didnt have permission, the named insured HAS to press charges and report that the at fault driver stole the car. and if thats the case your probably going to have to take the at fault driver to court. Do you have uninsured motorist on your policy?
2007-08-29 11:29:25 · answer #4 · answered by stefanianderson22 3 · 1⤊ 1⤋
Most of the other answers are only partially correct.
In most states, you can allow anyone to use your vehicle with permission and they are covered by the protection of your policy. Most insurance companies are going to go by what's listed on the police report in regards to fault. I don't know if Ohio has no-fault laws in regards to injury, but in KY your PIP coverage, (personal injury protection) pays up to the first ten thousand in injury regardless of fault. That is for you and your passenger. But your company may retain the right to be reimbursed for that amount from the at fault driver. Any amount over PIP is usually paid by the at-fault driver's insurance company, up to their policy's limits of bodily injury.
If the driver of that car had their own insurance, their policy can then step in and be excess insurance over the other policy. This means that if company #1 doesn't have enough coverage to pay all the damages, then company #2 can step in and pay the rest. Or if you have underinsured (NOT UNINSURED) coverage, this coverage can kick in and pay for the rest. Its kind of up to the companies to divy responsibilities out. Only in this circumstance, would I contact a lawyer who is knowledgeable in insurance law.
Good luck! and just a piece of advice, rarely does a lawyer collect any extra money for you. The insurance company is only legally obligated to pay up to the limits of the policy. Unless the at-fault driver is Richie Rich, you aren't likely to recieve any more than that. If you seek a lawyer, that's just more of the money that could go to you, in thier pocket.
2007-08-29 11:28:32 · answer #5 · answered by sticky nikki 3 · 2⤊ 1⤋
if you have uninsured motorist insurance, file a claim with your insurance company, they will take care of everything and then take legal action against the driver for not having insurance. This should not raise your rates because you were not at fault. Don't hesitate to do this, this is what you have been paying your insurance company for. If you have PIP (personal injury protection) this will cover any medical bills up-front so you don't have to worry about paying doctor bills and trying to get reimbursed.
If you don't have uninsured motorist coverage, then you will most likely need to hire a lawyer.
Good Luck.
2007-08-29 11:24:25 · answer #6 · answered by Anonymous · 0⤊ 1⤋
If you have comprehensive coverage, then your insurance will pay for your car and/or injuries. If you have liability, then you have to sue the at fault driver for all expenses unless he has insurance on a different vehicle in which case that insurance company would pay. Get a lawyer, he will find a way for you to get paid.
2007-08-29 11:22:24 · answer #7 · answered by Ham B 4 · 0⤊ 1⤋
If you have full coverage on your vehicle turn it over to your insurance company.
If not you may have to sue the driver and the owner of the car.
2007-08-29 11:21:54 · answer #8 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 0⤋