Any insurance law experts out there?

[Briar Rose 7457]

Originally posted by AirForceRocks
Not necessarily - apparently, it would depend on which option the driver chose when purchasing insurance.



http://auto.insurance.com/insurance_options/auto/auto_basics_no_fault_ins.asp

if Cindy opted for this she could sue for pain and suffering, but no fault still pays the ecoenomic damages. so she's still stuck with the $1000 bill. and most people don't choose this option, don't even know it exists.

 

[Briar Rose 7457]

Originally posted by believe
How would this be handled if Cindy B didn't have car insurance? Kentucky is a no fault state also, so I am curious....I do know that when my niece was hit by a vehicle my sister did not need to involve her car insurance...of course my niece did have broken bones and have to go through surgery.

broken bones would invariably meet the threshold for suit.

if you don't have insurance, the other driver's policy covers your economic loss. if the other driver is unisnured, or can't be located (hit and run) most states have an uninsured motorist fund.

 

[Briar Rose 7457]

and by the way, Miss Jasmine, Cindy did consult an attorney -- me.

if she were to hire an attorney, the first thing he'd ask is if she filed a claim. if she didn't, there's nothing he can do for her. you think the insurer would pay her claim just because the attorney called?

the overwhelming majority of first party claims get paid without an attorney's involvement. isnurers wouldn't stay in business very long if eveyr claim had to be handled by an attorney.

 

[Briar Rose 7457]

NJ Insurance law explained

because Brenda raised an issue -- a little more information.

in either event, the information Cindy got -- that her own uato policy provides coverage -- is the correct information.

 

[beachbunny]

Briar Rose, one of Cindy's concerns was "I personally don't want my car insurance to go up for riding a bike." Is it true that insurance companies can't increase premiums for filing a no-fault claim?

 

[ChiTownZee]

Is it true that insurance companies can't increase premiums for filing a no-fault claim?

I don't know what the law is, but 6 years ago, my dh was hit by a car while riding his bike, and it involved HUGE medical bills (emergency care, rehab, surgery) which, BTW, went through our car insurance, and he did NOT have premiums raised.

 

[Briar Rose 7457]

I'm not an underwriter, so I can't answer that question accurately -- but my personal experience has been that this kind of situation is treated differently than an accident in which the insured is at fault.

but then again, NJ has extrmeely high insurance rates even for good drivers.

 

[Mskanga]

I don't know if that is correct or not ChiTownZee, but I know when my husband got hit by another car in PA , the other person was at fault, our insurance paid for the medical part of it , and our premium never went up because of that. I believe that premiums do not go up for claims like this , but I don't know that for sure.

 

[Briar Rose 7457]

ok, we've got some anecdotal evidence to suggest her premiums won't go up.

 

[ChiTownZee]

I don't know if that is correct or not ChiTownZee,

I don't know if it was "correct" or not either, just stating what my personal experience was. He (dh) was also not at fault, the driver (young kid, VW van) ran a red light when he hit my husband and threw him across the intersection. Like I said, I don't know what the LAW is or if they CAN'T raise rates, but in our case they didn't.

 

[CathyCanada]

The issue that I saw was the same that Miss J saw, that Cindy doesn't want to have to pay higher premiums for an accident that wasn't their fault (even in a "no fault" state). I'm puzzled as to why her car insurance is involved as well, but would suggest talking to her insurance agent for more info and then possibly consulting a lawyer.

Let's keep the personal opinions of other posters out of this please, and what happens on other boards, can stay there.

Thanks
CC

 

[Cindy B]

Well, thank you for all responses. I go to work, and many many response, they were all very helpful.


Yes, it did happen 5.3. 03... that the silliest typo I have ever done.


I'm just concerned about my auto insurance rates increasing even though my son was just riding his bike. Since when did bikes become automobiles? He is not a driver.


The other puzzling thing is that my health insurance Horizon BCBS of NJ... paid some of the claims but not all. They paid the radiologist, and the radiology films, but not the nurse care, the ER doctor pay, the EKG, etc.


Horizon never received the claim for the remainder of the services. I have sent it and am now waiting for them to receive it.


Horizon considered the ER visit an emergency and therefore 100% covered by my emergency room benefits.

 

[Mskanga]

Originally posted by ChiTownZee
I don't know if it was "correct" or not either, just stating what my personal experience was.

CTZ , I wasn't trying to be sarcastic to you or anything, I was just saying that I wasn't sure but that's how it went when dh had the accident. If it came out the wrong way , my apologies to you.
Cindy, even if you have to submit this to your auto insurance company, it will not raise the premium.
I just can't understand either why your auto insurance is being brought into all this, you weren't driving the car.

 

[Golter]

Im an insurance agent in Texas so I cant speak to NJ law, but most auto insurance policies have provisions for Personal Injury Protection (PIP) or Medical Payments. The policy reads that a "Covered Person" is you (policyholder) or any family member (residing in your Household) while occupying or when struck by a motor vehicle designed for use mainly on public roads or a trailer of any type.

So when an automobile is involved it can be covered under the auto policy.

Here in Texas health insurance does not exclude coverage because it was an auto related accident.

Your rate should not go up, since it is not a surchargable offense (ticket or at-fault accident)

 

[Dopey Sharon]

I know this isn't exactly the same situation but, my DD's car was hit while parked. We had to go through our insurance company, which, in turn, got reimbursed from the driver's insurance company. This was not counted against my DD as an accident and her insurance did not go up. Another situation...this same DD was walking across the street (she was 17 at the time). A car was coming, she stopped, but the car ran over her foot, stopping on it! She yelled for the girl to move the car, that it was on her foot. She moved, alright, and kept on going. My DD ended up with a broken foot. Because a car was involved, we had to go through our car insurance company (something I totally didn't understand at all!), and our insurance didn't go up because of this, either.