Auto Insurance Claims: AUTO ACCIDENT CLAIM, personal injury protection, claims adjuster


Question
MY MOM WAS HIT FROM THE REAR BY A CAR THAT ACTUALLY WENT
UNDER HER HONDA AND HER CAR WAS SITTING HALF WAY ON TOP OF THE AT FAULT CAR. SHE WAS SHOVED INTO THE CAR IN FRONT OF HER. SHE WAS STOPPED AT A RED LIGHT. OTHER DRIVER GIVEN TICKET FOR CARELESS DRIVING.  SHE AND AT FAULT DRIVER WITH SAME INSURANCE CO. INS. CO. HAS TOLD HER THEY WILL ONLY PAY 80% OF HER MEDICAL BECAUSE SHE ONLY HAS LIABILITY ON HER CAR, EVEN THO SHE WAS NOT AT FAULT. CAN THEY LEGALLY REFUSE TO COVER HER MEDICAL COSTS. SHE WAS NOT SERIOUSLY INJURED BUT WAS TAKEN TO HOSPITAL FOR SCANS,ETC. BRUISES AND ABRASIONS SO FAR,BUT SHE IS 85 YRS. OLD SO PRECAUCTIONS WERE TAKEN.CAR IS COMPLETE LOSS. PROGRESSIVE IS THE INS. CO.
THANK YOU.

Answer
Hi Pamela,

Based on what you are saying, it sounds liek they are paying the medical bills from your mothers own policy.  This would be correct if you live in a state that has Personal Injury Protection (PIP) coverage. In most states that have this coverage, you must claim medical expenses on your own policy first. The coverage pays at a rate of 80% upto the limits of the coverage (often $10,000.00).

Your mother will be able to be reimbursed for the other 20% directly through the at-fault persons policy.  I know it seems confusing but it will be easier since both parties are insured with the same insurance company.

You or your mother should ask the claims adjuster to explain how all of this works.

I hope this helps
Richard Hixenbaugh