Posted: Fri Sep 05, 2008 11:57 am Post subject: Can bodily injury amount be taken from a 2nd policy
I live in Texas my 17 year old son was in an accident - his fault- his passenger had medical bills exceeding the 50,000 per person limit I had on the policy for that car. I realized that I had a seperate policy covering a different vehicle. Different policy same company different agent with a 100,000 bodily injury per person, Same people covered on policy. I know we can't "stack" that bodily injury limit but can we go after the 100,000 max rather than just the 50,000 for her? They have no health insurance and I am not even sure that State Farm tried to negotiate the medical bills down before paying them. If I find out they did not is it to late to dispute them since the bills were already paid?
If SF is your carrier, they cannot negotiate the bills down. They have no legal right to do that.
I'd highly recommend that you request SF open a claim under that other policy and consider coverage. I would say that the vehicle involved in the accident is going to provide the coverage but I also think there might be some chance of getting those higher limits. That is, I can't see that it would hurt to file he claim. Your agent or other parties may want to simply _tell_ you it won't provide coverage but they would be required to accept the claim notification and consider coverage under that policy. They would also need to send a written denial. Again, if they give you verbal static about accepting the claim, just insist on a written denial.
