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Can you file a bodily injury claim with your own insurance company?

by Shelley
(Birmingham, AL)

In short, my husband was in a major car accident which only involved his vehicle (he hit ice on the roadway and totaled his vehicle) and he was in the hospital for 3 days and now has to have a major neck operation.

He has a broken back and a compressed fracture in his neck which is why the surgery must take place.

My question is: We have VERY GOOD insurance, both medical and auto, and is there a way to get our own insurance company to compensate him for his damages and suffering being that he may deal with this the rest of his life?

We are not wanting to be millionaires but we do want to be able to pay our bills and take care of our family while he is off work?

Any help will be appreciated!!!



Hello Shelley,

Well, he can be compensated under Medical Payments and/or PIP coverage. However, there might only be coverage for his medical bills (up to the amount of the limits you purchased). Some polices actually pay for Wage Loss for certain amount of time (the limit specified in the policy, if any), thus you should look into that.

Unfortunately, it's unlikely that you have rights under the bodily injury section of the policy. That section is often for "liability" that a person owes to a third party. Your husband cannot be liable to himself, and thus, he is unlikely to qualify.

He might have rights against the state? Talk to a lawyer about that.

Good Luck,
Auto Insurance Claim Advice
Spokane Washington

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