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 Posted: Sun Aug 03, 2008 10:50 pm Post subject: Question about Bodily Injury in California |
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| I have BI (Bodily Injury) and UBI (uninsured Bodily Injury). I live in California and was hit from behind by a big rig. The police report says I am at fault because I merged into him. I had to fill out a supplemental police report because the officer did not listen to what I said. I was already merged over between two CARS when the big rig was in a different lane and got behind me. I was hurt and traumatized and taken away by ambulance. Does the BI I pay for cover my injuries even if I am found at fault? I think I posted twice. My apologies. |
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mechelle09
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| Posted: Mon Aug 04, 2008 12:15 am Post subject: |
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BI is liability coverage, meaning it protects you for injuries to others that you cause.
UMBI takes the place of someone else's BI coverage when you are entitles to their BI coverage (they are at fault) but they don't have any BI (that is uninsured bodily injury. There is also underinsured bodily injury).
If you are at fault then neither of those coverages are available to you. |
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tcope
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| Posted: Mon Aug 04, 2008 7:15 am Post subject: |
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| Quote: | | Does the BI I pay for cover my injuries even if I am found at fault |
My dear, bodily injury portion covers the medical expenses that the other involved party may acquire during the treatment of the injuries inflicted upon him/her by you.
the bodily injury coverage isn't designed to cover the injuries of the policy holder. Hence, if you are at-fault for causing injuries to the other driver, your insurer is required to compensate the other driver for his losses.
The personal injury protection (PIP) coverage, instead, will provide coverage for you injuries.
Regards,
Juanita |
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Juanita
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| Posted: Mon Aug 04, 2008 7:22 am Post subject: |
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| Quote: | | If you are at fault then neither of those coverages are available to you. |
I'm sorry mechelle, but unfortunately this is true. When you're the responsible party for the accident, you're required to compensate the other party involved in it for the damages caused by you, no-matter that the other driver was uninsured.
The liability portion of an auto policy is designed to address the liability issue of the driver,. And the bodily injury coverage, addresses the liability of the driver for the damages caused by him/her to others. Hence, if you don't have a Medpay or health insurance policy, you may have to pay for your treatment yourself. This is unfortunate, but this is the way it is.
~Jeremy |
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JeremyHolter
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| Posted: Mon Aug 04, 2008 7:32 am Post subject: |
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Uninsured bodily injury coverage will cover your medical expenses, when the other driver is at-fault and is without coverage at the same time, but when you are responsible for causing damages to others, the uninsured motorist coverage doesn't come into the picture.
Hence, in a capsule, you'll receive no protection for your injuries under any of these coverages. |
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jeorge
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| Posted: Mon Aug 04, 2008 10:22 am Post subject: hi |
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Hi mechelle09,
See, so many people are pointing out to your negligence!
You had obtained UMBI & BI which are undoubtedly two vital elements of Auto insurance today...but how could you forget your own coverage??
I understand...that when you had signed up for these policies you had probably missed the time to go through your policy papers & find out more on the benefits that you're gonna get out of these policies..& also I'm aware of the fact that the state mandated rules would make it necessary for you to have these policies with your car...but you should have asked about your safety as well as that of the other inmates. |
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fatman
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| Posted: Mon Aug 04, 2008 11:24 am Post subject: |
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Your BI coverage will not cover you EVER, and given it's a big rig I seriously doubt that your UIMBI would either, those trucks generally carry about a million min. If they are found at fault you would collect under HIS BI coverage but never your own...What are the adjusters saying? Has his denied your claim? Were there any witnesses to back you?
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Lori
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| Posted: Thu Aug 07, 2008 8:28 pm Post subject: |
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| A Police Report is an official document. It does not determine who is at fault in a civil matter. In Cally you can be 99% at fault and still recover 100% of your medical expenses from the other party if you have no other medical insurance available to you due to proposition 51, 1986. An attorney will know how to handle this . |
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900500
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| Posted: Fri Aug 22, 2008 5:19 am Post subject: |
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An intoxicated driver who causes an accident in which another person is injured can be charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the offense:
It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher], to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
Notice that merely being DUI and having an accident in which someone is injured does not necessarily make you guilty of this offense. For example, you may be intoxicated, yet driving appropriately, while another party causes the collision. You may still be guilty of simple DUI, but not the more serious offense of "DUI with injury."
The charge of "DUI with injury" requires that you either (a) violate a traffic law or (b) act with civil negligence, this violation or negligence being the cause of the accident. For example, speeding, tailgating or failing to stop at a red light, if one of these violations causes the accident and the injuries, would put an intoxicated driver in violation of Section 23153.
More Serious Penalties for "DUI With Injury"
The charge of DUI with injury carries much more serious consequences than simple DUI. If the prosecutor charges it as a misdemeanor, the defendant faces up to a year in jail (plus the other standard DUI penalties). If the prosecutor charges it as felony DUI, the defendant faces up to 3 years state prison (plus an additional year for each additional person who is injured).
Worse still, if any of the injured parties is seriously hurt, the DUI defendant may be charged with a "great bodily injury" enhancement. This adds up to three additional years of state prison. Moreover, the "great bodily injury" enhancement makes the DUI offense a strike under California's Three Strikes law.
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esauldaris
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