by johnnyvan20 » Mon Oct 18, 2010 04:03 am
i live in california. my car insurance medical coverage payment is $5000 per person. i was rear ended. does the at fault driver insurance paid for all my medical bill? Do i also get $5000 from my own insurance. if so when?
Posted: Mon Oct 18, 2010 04:51 am Post Subject:
Max will be a good one to post on this but CA MP is as follows:
"We will pay reasonable expenses incurred within one year from the date of accident by an insured person who sustains bodily injury as a result of an accident covered under this Part for necessary medical, surgical, X-ray, and dental treatment, including prosthetic devices, eyeglasses, and hearing aids and necessary ambulance, hospital, professional nursing and funeral costs."
This means that your own carrier will pay as mentioned above, for the first $5,000 of your medical expenses.
What I don't know is if the other carrier takes an offset for this and/or if your carrier can seek recovery for the money that they pay under MP.
Posted: Mon Oct 18, 2010 09:47 am Post Subject:
Medical Payments are considered "excess" coverage, and it is also considered a form of "no fault" coverage. Your policy's med pay coverage will provide a benefit upon presentation of proof of loss (the bills). You do not have to be in an automobile to obtain coverage, as it will apply to a named insured as a pedestrian if struck by an automobile or motorcycle (claims have even been paid, I've been told, to insureds who fall while getting out of their vehicle, and injure themselves). The benefit can be used to pay funeral expenses if death is due to an auto collision.
What I don't know is if the other carrier takes an offset for this and/or if your carrier can seek recovery for the money that they pay under MP
Since your personal medical insurance is not responsible for losses due to third-party negligence, your policy's Med Pay would pay up to the stated limits subject to subrogation, meaning if you eventually collect on a BI liability claim against the third-party, your auto insurer is entitled to recover what it paid on your behalf. But if your third-party loss is paid for by your medical insurance, then your medical insurer has the right to subrogate against your auto policy's Med Pay (as well as any recovery you obtain from the third party).
You (and/or your passengers) file the claim and the benefits are usually paid quickly upon submission of proof of loss (the bills). Then the insurance companies sort everything out amongst themselves (unless you hire an attorney who will gladly screw things up so tightly, you'll probably end up with little or nothing to show for your damages). Attorneys seem to forget that when your damages are the result of a third-party's negligence, your own insurers usually just sit back and wait for you to collect from the other insurance company, and then they swoop in with their subrogation claims.
Nevertheless, Med Pay is something everyone should carry, as a "just in case" kind of thing. It costs about $20 or so every 6 months on most policies. Mostly, it is intended to provide limited benefits (such as emergency room expenses) to anyone in your car, family members or not. It is especially beneficial if any of your passengers do not have their own medical insurance.
Med Pay does not cover persons injured in other vehicles or pedestrians you might injure -- that's what bodily injury liability coverage is for.
Posted: Mon Oct 18, 2010 04:52 pm Post Subject: Medpay from insurance experts
thanks for your help
Posted: Mon Oct 18, 2010 05:09 pm Post Subject: who is reliable
I was rear end and the car behind the car that rear end me also hit the car behind me and then i was push into the right lane force me to hit the car on the right. i was hospitizalize and taken by the ambulance. Does that mean both car behind me have to pay me for medical bill and pain and suffering. It was a double impact from behind.
Posted: Mon Oct 18, 2010 07:37 pm Post Subject:
Only that party(s) that caused your injury are liable. There is no way to know why that second car was involved. But if they were somehow negligent in the operation of their vehicle, then yes... they would be participially liable as well.
Other parties negligence would not exceed 100% though. So you'd not be collecting twice for the same loss.
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