What Forms Of Insurance Coverage Are Available To Me In A Tort Claim

Brien Roche

The type of insurance coverage that may apply to your case depends upon the nature of the claim.

What Forms Of Insurance Coverage Are Available To Me In A Tort Claim-Auto Insurance

In an auto crash you may be entitled to medical payments or personal injury protection coverage. This applies whether you are the driver or occupant. This coverage is from the policy covering the car. In addition you may make a claim for damages against the other driver. However if that other driver is uninsured or has inadequate coverage you may have to look at your uninsured coverage. If you have uninsured motorist (UM) coverage then that covers you.

Some people are shy about making a claim under their own UM policy. The fear is this will cause rates to rise. By law that cannot happen. Furthermore you purchased this coverage. It protects you in cases where you are not at fault. In addition you paid the premiums. You have a right to assert that coverage. As a result there should be no fear of an increase in your premiums.

What Forms Of Insurance Coverage Are Available To Me In A Tort Claim-Health Insurance

In any type of injury claim, there may also be health coverage that applies to the injured person. Most health policies have what is called a “subrogation” clause. This allows the carrier to recover all or part of the monies they have paid on your behalf for medical bills. They may have a right to recover that sum out of any settlement or judgment that you obtain. Some states, like Virginia, prohibit subrogation in certain instances. If the policy is an Erisa policy there may be other issues.

What Forms Of Insurance Coverage Are Available To Me In A Tort Claim-Premises Liability Coverage

If your injury happened on the premises of another then that owner may be at fault. In addition the owner is likely insured. You may make a claim against that property owner to recover from the liability policy covering that property. Also there may be medical payments coverage available to you from that property owner. This covers your medical bills. This may apply even though the property owner is not at fault.

Contact a Personal Injury Attorney

Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. Also Contact Us today to discuss your personal injury matter.