The type of insurance coverage that may apply to your situation depends upon the nature of the claim.
In an automobile accident you, as the operator or occupant of a motor vehicle, may be entitled to medical payments or personal injury protection coverage. In addition, the other motorist that caused the accident typically is going to be insured and as such a claim may be made against that insurance policy. If, however, that other motorist is uninsured or has inadequate insurance and if you have uninsured motorist coverage then that endorsement on your insurance policy may apply to provide coverage for you. Sometimes people are unwilling to make claims under their own uninsured motorist endorsement of their policy for fear that this will cause their insurance rates to rise. As a general rule that is not true. This is a form of coverage that you purchased to protect yourself in instances where you were not at fault; you paid the premiums for it and you are entitled to assert that coverage without fear of that resulting in an increase in your insurance premiums.
In any type of injury claim, there may also be health coverage that applies to the injured person. It is not unusual that health insurance policies have what are called a “subrogation” provision which allows them to recover all or part of the monies they have paid on your behalf to cover your medical bills. They may be entitled to recover that sum out of any settlement or judgment that you obtain against the party that caused your injury. Some states, like Virginia, prohibit subrogation in certain instances.
If your injury was caused on premises as a result of some fault of the property owner, then that property owner is usually going to be insured and you may make a claim against that property owner to recover proceeds from the liability insurance policy covering that property. In addition, there may be medical payments coverage available to you from that property owner to cover your medical bills irrespective of whether there is any proof of fault on the part of that property owner.
Legal answers provided by Brien Roche, a personal injury attorney with over 35 years of trial experience. Contact Us today to discuss your personal injury matter.