Auto Insurance Claims: car accident/seat belt, insurance comapny, police office


Question
QUESTION: My friend and her boyfriend were involved in an accident.  She was the passenger and was injured but wasn't wearing her seat belt.  Will her boyfriend get a ticket or fine and will he or his insurance company have to pay for her injuries and what will happen if they didn't have insurance.

ANSWER: Hi Joann,

Unfortunately, you are asking several question that I would have no way of knowing. The decision to issue a ticket will be up to the police office that responded to the scene of the accident. If it is determined that he broke a law then he will get a ticket. Even if he does not get a ticket, he can still be found to be at fault for the collision. If he is found at fault then his insurance company should pay for her injuries. If another person is found to be at fault then that persons insurance should pay for the injuries. Your friend will need to speak to the insurance companies involved to see who they determined to be at fault and then go from there.

I hope this helps
Richard Hixenbaugh

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QUESTION: I have heard that if you are in an accident and get hurt and you were not wearing a seat belt that you may not get your medical treatment paid for by the insurance company. she doesn't have a driver's license and has her own health insurance but was told that the driver's insurance would pay but if she wasn't wearing a seat belt would they have to still pay. The driver was wearing a seat belt but the passenger was not. He was not issued a ticket at the time of the accident.

ANSWER: Hi Joann,

In some cases you are correct. However it depends on your specific state laws and the wording of his policy. It is possible since she was not wearing a seat belt that the insurance comapny will claim that she is at least partially responsible for her own injuries since she did not wear a seatbelt. But that will be termined by the insurance company after they complete an investigation . As part of that investigation, the insurance company will take a recorded statement from both of the drivers as well as any passengers. There is no way to know the outcome of the investigation until it is complete and the insurance company makes its decision. If you do not agree with the decision then you may want to speak to an attorney.

I hope this helps
Richard Hixenbaugh

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QUESTION: who would pay for her injuries if the insurance company wouldnt and what would she have to do in order to get her medical treatment if they live in charleston, sc how does this effect the driver's license, claims, etc if he was wearing a seat belt?

Answer
Hi Joann,

I'm afraid you are asking too many unrelated questions. I am willing to help but I can not answer unrelated questions.

If the boyfriends insurance does not pay then she will have to go through her own medical insurance. If she does not have medical insurance then she will have to pay for her treatment her self or see if she qualifies for Medicaid.

There is no effect on her drivers license.

I hope this helps
Richard Hixenbaugh