Auto Insurance Claims: medical coverage and bodily injury claims, underinsured motorist coverage, alignment shop

Question
QUESTION: Hi, my wife just recently totalled her car with me as the passenger. She has $1000 in medical coverage and $15,000 in bodily injury. The car spun out of control and she hit a tree, completely rendering the car useless.  My question is this: can we claim pain and suffering for medical coverage? They told me that they can only pay medical bills succeeding a doctor visit. Also, they've yet to determine fault (whether she was negligent), so bodily injury has yet to be discussed. Will bodily injury cover pain and suffering, on top of medical bills? Thank you.

ANSWER: Joe,

My answers are "generally speaking" since I have not seen your declarations page. And I assume the 15k is for BI liability, probably a minimum in your state. The 1k med pay does not normally pay pain and suffering. The 15k will pay pain and suffering and medical bills for the other driver if your wife was at fault. You need to know if your state has "comparative" or "contributory" at fault laws. Ask your agent or adjuster.

If the other driver was at fault, then you can get pain and suffering, either from his insurance, or your own (if you have uninsured/underinsured motorist coverage).

You can get detailed info on settling your injury and total loss auto claim in the Total Loss Auto Deluxe eBook at www.UClaim.com.

Ron Cercone
http://www.UClaim.com

---------- FOLLOW-UP ----------

QUESTION: Thank you! No one else was involved in the accident. While driving, the car suddenly swerved (we had a really bad alignment job a few days before and included the information in our claim) and we hit a tree. Will I, the passenger, be compensated for BI liability?

Answer
If you could sue the driver for negligence, then you could get the pain and suffering. Now if you are blaming the auto alignment shop, then I would say you make a claim against both and see if the negligence can be divided between the driver and the alignment shop. For example, if the driver knew there was an alignment problem, then the driver may share some percentage  or all of the blame.