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  1. #1
    Join Date
    Aug 2011
    Posts
    4

    Post Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driver's

    My question involves insurance law for the state of: South Carolina.

    I was in an accident 11 days ago. It was not my fault. The at-fault driver's insurance is taking care of rental car and fixing up of our minivan. I was also told, once I get all my medical bills, that they will reimburse us for that as well.

    My insurance called me today asking about medical information...was anyone injured, did anyone go to the ER, etc. My 2 sons and I went to the ER because I am 20 weeks pregnant and wanted to know the baby was fine, and they are young and I wanted to know they were okay. We all checked out just fine. Anyway, we have some personal injury coverage on our insurance. The person I talked to said we could send copies of all doctors' bills to them and get reimbursed and it would NOT affect our rates. He also said I could send those same bills to the at-fault driver's insurance and also get reimbursed. So, for example, if our total bill is $300, I could potentially get $600 back ($300 from my insurance and $300 from the other drivers').

    Does this sound right to anyone? It seems fraudulent to me.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driv

    You can get paid by one or the other but not both. I suspect your agent meant you could send the bills to either company to seek reimbursement. If you send it to yours, they will attempt to get payment from the other company.

  3. #3
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driv

    jk - Thanks for your reply. My agent specifically gave me the example that if my medical bills totaled $300, that I could get $600 back...$300 from my insurance (using my personal injury coverage) and $300 from the at-fault driver's insurance. So I don't think he meant I could submit to both insurances and only one would pay. It all sounded fishy to me. He isn't my actual agent. He's from my insurance company, but not sure where from (national office or something?). Maybe I'll call my actual agent tomorrow. It did sound too good to be true....

  4. #4
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driv

    It sounds quite odd. I cannot see how you could legitimately make a claim for double your damages.

  5. #5
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driv

    Actually, it's my understanding that this is possible but will vary state to state, depend on your policy language and what coverages you are making claims against. If you are making the 1st party claim on your med pay, it's basically legal double dipping. Your med pay pays your medical bills no matter who is at fault. It's a first party coverage and your carrier does not subrogate for that. Since you pay the premium for it, they owe it to you and it's all legal. If you're claiming against your UM/UIM, you can't double dip because they will subrogate for that.

    And to make things more complicated, you can't double dip the med pay if worker's comp is paying the claim. That's my current situation. I was hit in a company car. Worker's comp is paying my medical bills and will place a lien on my settlement with the 3rd party carrier. I am not allowed to claim the company car's med pay since it's a worker's comp claim.

  6. #6
    Join Date
    Nov 2011
    Location
    USA
    Posts
    1

    Default Re: Personal Injury Coverage - Can I Make a Claim with My Insurance and At-Fault Driv

    You should have your insurance company take care of everything. It's their job right? But I must agree with what jk has said. It does sound odd that you want to make a claim for double your damages.

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