Auto Insurance Claims: Husband and Wife separate auto polices - both pay?, Husband and Wife separate auto polices - both pay?

Question
My husband was in an accident and he was determined not at fault. Our truck was totaled (we got reimbursed for that minus our deductible) and he has been receiving medical treatment (ongoing back/spinal issues) which our truck's insurance company has been paying for. We had our truck insured with company A but my car is insured with a different company B. Ironically, it was cheaper to keep our policies separate rather than combine them into one company. We are both listed as drivers on each vehicle.

First issue:
So far, we've been dealing with our truck's insurance company A. Now we got a call from our car's policy insurance company B saying that company A wants them to pay part of the medical bills. Is that normal for them to do? Since my husband is not at fault, we were told by company A that they were going to go after the at-fault party's insurance company (which is not the same as A or B) to get reimbursed so why would they bother talking to company B? Won't company B (if they pay) then also have to go after the at-fault party's insurance?

Second issue:
We have been in contact with the at-fault party's insurance company. They are tracking our medical expenses to see if we reach the threshold and thus could be offered pain and suffering (we are in a no-fault state). We also are still waiting to get reimbursed for our deductible and other out of pocket expenses (lost wages, needed to replace child car seat, etc.). We were told that the at-fault party insurance will pay that (not our insurance). We have not contacted a lawyer because we wanted to avoid the complication and are not "sue-happy" people. But it is getting confusing as to which company we should be primarily working with and pushing to get reimbursed. Do we send a demand letter to the at-fault party's insurance company or wait until we know if we reach the threshold? Do we wait until our insurance company A finishes subrogation?
Thanks for your help!

Answer
Hello Lisa,

Talking to an attorney does not necessarily means that you will "sue" anyone. They can better help you with your local regulations regarding coverage and insurance.

The first issue:

This does sound a little complicated. The first insurance that insureds the truck should be the primary. The insurance company of the car should be secondary (when the limits of the first insurance company are reached, the second insurance company's coverage should kick in). Some states allow for concurrent coverage to be shared, so maybe a call to the department of insurance or the office of the insurance comissioner of your state can help you on that.

Unless you bills reach the limit, your insurance company (who ever pays) will have rights against the at-fault party.

The second issue:

You are owed for certain things (wage loss) for example, regardless if the threshold is reached. However, pain and suffering and other general damages are not. If you are making a demand for pain and suffering, you will need to wait and see if the medical bills get to the threshold before making a demand for those specific damages. If however, the damages do reach that level, then you can make the demand then.

For more about damages, please see:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

You do not have to wait for subrogation, that's a process between insurance companies and it should be left to them (it's a different process between companies, it could take a long time).


I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/